Page 1

TABLE OF CONTENTS

 

ITEMS

Item 1     LPP35/23 DAM/1170/2022/A - Section 4.55(2) Application to Modify Approved Additions to a Dwelling - 33 Evans Road, Hornsby Heights...... 1

Item 2     LPP37/23 DA/464/2023 - Construction of a Dwelling House - 24 Chandler Avenue, Cowan............................ 34

Item 3     LPP38/23 Reporting Development Applications for Determination by the Hornsby Local Planning Panel over 180 Days........ 83

 

 

LPP Report No. LPP35/23

Local Planning Panel

Date of Meeting: 25/10/2023

 

 

DA No:	DAM/1170/2022/A (PAN-360521)
Lodged on:	28 August 2023
Description:	Section 4.55(2) application to modify the approved balustrading and privacy screens along the balconies
Property:	Lot 42 DP 236494, No. 33 Evans Road, Hornsby Heights
Applicant:	Wojciech Bartosz Trzebiatowski
Owner:	Wojciech Bartosz Trzebiatowski & Ms Anna Pawlak
Estimated Value:	$788,410 (unchanged)
Ward:	A Ward
Submissions:	One
LPP Criteria:	Amend condition imposed by Local Planning Panel
Author:	Tim Buwalda, Senior Town Planner
COI Declaration:	No Council staff involved in the assessment of this application have declared a Conflict of Interest.

 

 

RECOMMENDATION Section THAT pursuant to Section 4.55(2) of the Environmental Planning and Assessment Act 1979, Development Application No. DA/1170/2022 for the construction of a dwelling house at Lot 42 DP 236494, No. 33 Evans Road, Hornsby Heights be amended as detailed in Schedule 1 of LPP Report No. LPP35/23.

 

EXECUTIVE SUMMARY

·            The Section 4.55(2) application seeks to amend condition No. 48 requiring privacy screen balustrading along the balconies. The application proposes privacy louvres to extend horizontally beyond the floor levels.

·            The proposal complies with the relevant development standards.

·            A total of one submission have been received in respect of the application.

·            The Section 4.55(2) application is required to be determined by the Hornsby Council Local Planning Panel as the application proposes to modify a condition imposed by the Panel.

·            It is recommended that the application be approved.

BACKGROUND

On 28 June 2023, the Hornsby Local Planning Panel (HLPP) approved development application No. DA/1170/2022 for the construction of a dwelling house, subject to conditions.

In granting consent, the panel amended the wording of condition No. 48 to read:

48.       Installation of Privacy Devices

To establish and maintain a reasonable level of privacy for the adjoining premises No. 4 Mullion Close:

a)         The balustrading to the lower and upper floor level decks on the northern elevation where shown in red on the approved plans, must have no individual openings more than 30mm wide and have a total of all openings less than 30% of the surface area of the balustrading to a minimum height of 1 metre above finished floor level.

b)         The privacy screens proposed within the architectural plans must have no individual openings more than 30mm wide and have a total of all openings less than 30% of the surface area of the screens.

Reason: To provide privacy to the site and adjoining development.

SITE

The 743.5m² lot was registered in 1968 and is a vacant site located on the northern side of Evans Road, Hornsby Heights and experiences a fall of 18 metres to the rear northern eastern boundary.

The subject site is currently not accessed by Evans Road as the end of the constructed portion of the road does not extend to the subject site’s front boundary.

The site is bushfire prone but not flood prone.

The site and adjoining land contain native species characteristic of the Peppermint-Angophora Forest community. The site also contains several natural features including rock outcrops.

The site does not contain a heritage listed item, is not within the vicinity of a heritage listed item and is not within a heritage conservation area.

the approved development

The approved development comprised the construction of a two-storey dwelling house with a green roof and solar panels.  The approved development also includes the extension of an unformed roadway and driveway to provide vehicle access to Evans Road.

Construction work have not yet commenced.

the proposed modification

This modification application DAM/1170/2022/A proposes to amend condition No. 48(a) by reverting the balustrading along the northern elevation of the lower ground floor level and ground floor level balconies to vertical bar balustrading.

Privacy louvres are proposed to horizontally extend 0.9m beyond the lower and ground floor levels to ensure privacy is maintained to No. 4 Mullion Close. 

ASSESSMENT

The development application has been assessed having regard to the Greater Sydney Region Plan - A Metropolis of Three Cities, the North District Plan and the matters for consideration prescribed under Section 4.15 of the Environmental Planning and Assessment Act 1979 (the Act).  The following issues have been identified for further consideration.

1.         STRATEGIC CONTEXT

1.1       Greater Sydney Region Plan - A Metropolis of Three Cities and North District Plan

The Greater Sydney Region Plan - A Metropolis of Three Cities has been prepared by the NSW State Government to guide land use planning decisions over the next 40 years (to 2056).  The Plan sets a strategy and actions for accommodating Sydney’s future population growth and identifies dwelling targets to ensure supply meets demand.  The Plan also identifies that the most suitable areas for new housing are in locations close to jobs, public transport, community facilities and services.

The NSW Government will use the subregional planning process to define objectives and set goals for job creation, housing supply and choice in each subregion.  Hornsby Shire has been grouped with Hunters Hill, Ku-ring-gai, Lane Cove, Mosman, North Sydney, Ryde, Northern Beaches and Willoughby to form the North District.  The Greater Sydney Commission has released the North District Plan which includes priorities and actions for Northern District over the next 20 years.

The identified challenge for Hornsby Shire will be to provide an additional 4,350 dwellings by 2021 with further strategic supply targets to be identified to deliver 97,000 additional dwellings in the North District by 2036.

The proposed development would be consistent with the Greater Sydney Region Plan - A Metropolis of Three Cities and the North District Plan, by contributing to achieving the dwelling targets for the region.

2.         STATUTORY CONTROLS

Section 4.15(1)(a) requires Council to consider “any relevant environmental planning instruments, draft environmental planning instruments, development control plans, planning agreements and regulations”.

2.1       Environmental Planning and Assessment Act 1979 - Section 4.55(2)

The proposal constitutes a modification under Section 4.55(2) of the Environmental Planning and Assessment Act 1979. Council pursuant to Section 4.55(2), Council may consider an application to amend development consent provided that, inter alia:

(a)        it is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if any at all), and

(b)        it has consulted with the relevant Minister, public authority or approval body (within the meaning of Division 5) in respect of a condition imposed as a requirement of a concurrence to the consent or in accordance with the general terms of an approval proposed to be granted by the approval body and that Minister, authority or body has not, within 21 days after being consulted, objected to the modification of that consent, and

(c)        it has notified the application in accordance with–

(i)         the regulations, if the regulations so require, or

(ii)        a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent, and

(d)        it has considered any submissions made concerning the proposed modification within the period prescribed by the regulations or provided by the development control plan, as the case may be.”

Subsections (1) and (1A) do not apply to such a modification.

(3)        In determining an application for modification of a consent under this section, the consent authority must take into consideration such of the matters referred to in section 4.15(1) as are of relevance to the development the subject of the application. The consent authority must also take into consideration the reasons given by the consent authority for the grant of the consent that is sought to be modified.

With respect to (a), it is considered that the proposal as amended is substantially the same as the development originally approved. 

Section 4.55(2)(b) is not applicable as the development is not an integrated development or a State significant development.  

With respect to (c) and (d), the amended application was notified, and 1 submission was received.

Section 4.55(3) of the Act requires Council as the consent authority to “take into consideration such of the matters referred to in section 4.15(1) as are of relevance to the development the subject of the application. The consent authority must also take into consideration the reasons given by the consent authority for the grant of the consent that is sought to be modified”.

With respect to an assessment of the matters referred to in Section 4.15(1) of the Act, these matters are addressed within the body of this report. With respect to the reasons given by the consent authority for the grant of the consent that is sought to be modified, the reasons provided in granting consent to DA/1170/2022 are as follows:

·            The request under Clause 4.6 of Hornsby Local Environmental Plan 2013 to contravene the ‘Height of Buildings’ development standard is well founded. Strict compliance with the development standard is considered unreasonable and unnecessary in the circumstances of the case and sufficient environmental planning grounds have been submitted to justify the contravention to the development standard.

·            The proposed development generally complies with the requirements of the relevant environmental planning instruments and the Hornsby Development Control Plan 2013.

·            The proposed development does not create unreasonable environmental impacts to adjoining development with regard to visual bulk, solar access, amenity or privacy.

As outlined in the body of this report, the proposed modification would continue to meet the desired outcomes of Council’s planning controls and the matters for consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979.

2.2       Hornsby Local Environmental Plan 2013

The proposed development has been assessed having regard to the provisions of the Hornsby Local Environmental Plan 2013 (HLEP).

2.2.1    Zoning of Land and Permissibility

The subject land is zoned R2 Low density residential under the HLEP.  The objectives of the R2 Low density residential zone are:

·            To provide for the housing needs of the community within a low density residential environment.

·            To enable other land uses that provide facilities or services to meet the day to day needs of residents.

The proposed development is defined as a dwelling house and is permissible in the R2 zone with Council’s consent.

2.2.2    Height of Buildings

Clause 4.3 of the HLEP provides that the height of a building on any land should not exceed the maximum height shown for the land on the Height of Buildings Map.  The maximum permissible height for the subject site is 8.5m.  The approved development has a maximum height of 13.9m and no changes are proposed to the approved height of the development as part of this modification.

2.2.3    Heritage Conservation

Clause 5.10 of the HLEP sets out heritage conservation provisions for Hornsby Shire.  The site does not include a heritage item and is not located in a heritage conservation area.  Accordingly, no further assessment regarding heritage is necessary.

2.2.4    Earthworks

Clause 6.2 of the HLEP states that consent is required for proposed earthworks on site.  Before granting consent for earthworks, Council is required to assess the impacts of the works on adjoining properties, drainage patterns and soil stability of the locality.

The proposed modification would not require any additional earthworks and no further assessment is required.

2.3       State Environmental Planning Policies

The original assessment of DA/1170/2023 assessed the relevant matters of the following State Policies:

·            State Environmental Planning Policy (Biodiversity and Conservation) 2021

·            State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

·            State Environmental Planning Policy (Resilience and Hazards) 2021

This Section 4.55(2) application would not alter the original assessment of the development against the relevant SEPPs and would not alter compliance with the relevant SEPP requirements. 

2.4       Section 3.42 Environmental Planning and Assessment Act 1979 - Purpose and Status of Development Control Plans

Section 3.42 of the Environmental Planning and Assessment Act 1979 states that a DCP provision will have no effect if it prevents or unreasonably restricts development that is otherwise permitted and complies with the development standards in relevant Local Environmental Plans and State Environmental Planning Policies. 

The principal purpose of a development control plan is to provide guidance on the aims of any environmental planning instrument that applies to the development; facilitate development that is permissible under any such instrument; and achieve the objectives of land zones.  The provisions contained in a DCP are not statutory requirements and are for guidance purposes only.  Consent authorities have flexibility to consider innovative solutions when assessing development proposals, to assist achieve good planning outcomes.

2.5       Hornsby Development Control Plan 2013

The proposed development has been assessed having regard to the relevant desired outcomes and prescriptive requirements within the Hornsby Development Control Plan 2013 (HDCP). The modified proposal does not alter the approved setbacks and height of the development and the dwellings compliance with the prescriptive requires of the HDCP remain unchanged as part of the current proposal.  As the application proposes to only modify the balustrading/ privacy screens, further discussion on privacy impacts is discussed below:

2.5.1    Privacy

In granting consent to DA/1170/2022 the HLPP amended condition No. 48 to state:

48.       Installation of Privacy Devices

To establish and maintain a reasonable level of privacy for the adjoining premises No. 4 Mullion Close:

a)         The balustrading to the lower and upper floor level decks on the northern elevation where shown in red on the approved plans, must have no individual openings more than 30mm wide and have a total of all openings less than 30% of the surface area of the balustrading to a minimum height of 1 metre above finished floor level.

b)         The privacy screens proposed within the architectural plans must have no individual openings more than 30mm wide and have a total of all openings less than 30% of the surface area of the screens.

Reason: To provide privacy to the site and adjoining development.

This was required to achieve a reasonable level of privacy to No. 4 Mullion Close.

This modification proposes to amend condition 48A by reverting the balustrading back to vertical car balustrading. To achieve the same level of privacy, the application proposes horizontal privacy louvers to extend 0.9m beyond the lower ground floor and ground floor levels. These privacy louvers would be angled to allow the natural light into the lower ground floor level while minimising the view from occupants on the lower and ground floor levels to overlook into the rear yard and swimming pool of No. 4 Mullion Close.

A submission has been received which raised concerns to the proposed modification that it would reduce the privacy of the rear adjoining property No. 4 Mullion Close.

A review of the sight lines provided with the original application and this subsequent modification details that the same level of privacy to No. 4 Mullion Close would be achieved. Furthermore, it is noted that the approved floor levels and balconies would maintain the existing setback and levels and due to the topography of the site, any occupants standing on the balconies would be approximately 20m from the dwelling house located at No. 4 Mullion Close.

Additionally, it is noted that the northern (short) elevation of the balconies contains external stairs which would be used as a transition space between levels, it is generally considered that the private open space of the development would not be orientated towards the northern elevations of the development. 

Condition No. 48(a) is recommended to be modified to the following wording:

48.       Installation of Privacy Devices

To establish and maintain a reasonable level of privacy for the adjoining premises No. 4 Mullion Close:

a)         The balustrading to the lower and upper floor level decks on the northern elevation where shown in red on the approved plans, must have no individual openings more than 30mm wide and have a total of all openings less than 30% of the surface area of the balustrading to a minimum height of 1 metre above finished floor level.

b)         The horizontal privacy louvres to the lower ground level and ground floor level must extend 0.9m beyond the floor level and these privacy louvers must be fixed and angled to ensure that no individual openings are more than 30mm wide and have a total of all openings less than 30% of the surface area when viewed from a standing position on the balconies.

c)         The privacy screens proposed within the architectural plans must have no individual openings more than 30mm wide and have a total of all openings less than 30% of the surface area of the screens.

Reason: To provide privacy to the site and adjoining development.

Subject to this amended condition, no objections are raised on privacy grounds to the proposed modification as it is generally considered that the same level of privacy is maintained to the adjoining property No. 4 Mullion Close.

The proposal meets the desired outcome of Part 3.1.6 Privacy of the HDCP and is considered acceptable.

3.         ENVIRONMENTAL IMPACTS

Section 4.15(1)(b) of the Act requires Council to consider “the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality”.

3.1       Natural Environment

The application proposes to modify the balustrading/ privacy screens within the lower and upper floor levels. It is generally considered that the development would not impact the natural environment and no further assessment is required.

3.2       Built Environment

3.2.1    Built Form

The application proposes horizontal privacy louvers to extend 0.9m from the lower and ground floor levels which would have minimal impact on the built form.

The overall built form of the dwelling house would remain as approved under DA/1170/2022.

4.         SITE SUITABILITY

Section 4.15(1)(c) of the Act requires Council to consider “the suitability of the site for the development”.

The subject site has been identified as bushfire prone land.  The proposed modification would not impact bushfire condition imposed by the RFS in the original assessment of DA/1170/2022. The scale of the proposed development is consistent with the capability of the site and is considered acceptable.

5.         PUBLIC PARTICIPATION

Section 4.15(1)(d) of the Act requires Council to consider “any submissions made in accordance with this Act”.

5.1       Community Consultation

The proposed development was placed on public exhibition and was notified to adjoining and nearby landowners between 30 August 2023 and 20 September 2023 in accordance with the Hornsby Community Engagement Plan.  During this period, Council received one submission.  The map below illustrates the location of those nearby landowners who made a submission that are in close proximity to the development site.

NOTIFICATION PLAN
•      PROPERTIES NOTIFIED	X      SUBMISSIONS RECEIVED	PROPERTY SUBJECT OF DEVELOPMENT

 

One submission objected to the development, generally on the grounds that the development would result in:

·            Unacceptable approval of the original application DA/1170/2022

·            Unacceptable bulk and scale

·            Unacceptable privacy impacts

The merits of the matters raised in community submissions have been addressed in the body of the report with the exception of the following:

5.1.1    Unacceptable approval of DA/1170/2022

The submission objected to the approval of DA/1170/2022.

In response to this submission, it is noted that the assessment of the original application is detailed in the LPP Report No. LPP20/23 where it was found to be acceptable on its merits. 

This modification application can only assess the proposed change to the development and not review the entire development.

5.1.2    Unacceptable bulk and scale

The submission raised concerns that the proposed privacy louvers would further encroach into the rear boundary setback and increase the bulk and scale of the development when viewed from 4 Mullion Close.

In addressing this submission, it is noted that the setbacks of the dwelling house would remain as approved, however the 0.9m privacy louvres would be cantilevered beyond the balconies and be setback 4.3m from the rear boundary. 

It is generally considered that the privacy louvres would have the same visual amenity of the previously conditioned privacy screen balustrading when viewed from No. 4 Mullion Close and no objections are raised on privacy grounds to the additional bulk and scale of the modification.

5.2       Public Agencies

The development application was not referred to any Public Agencies for comment. 

6.         THE PUBLIC INTEREST

Section 4.15(1)(e) of the Act requires Council to consider “the public interest”.

The public interest is an overarching requirement, which includes the consideration of the matters discussed in this report.  Implicit to the public interest is the achievement of future built outcomes adequately responding to and respecting the future desired outcomes expressed in environmental planning instruments and development control plans.

The Section 4.55(2) application is considered to have satisfactorily addressed Council’s and relevant agencies’ criteria and would provide a development outcome that, on balance, would result in a positive impact for the community.  Accordingly, it is considered that the approval of the proposed development would be in the public interest.

CONCLUSION

The Section 4.55(2) application proposes to modify condition 48(a), proposing horizontal privacy louvres instead of the required privacy screen balustrading.

The development generally meets the desired outcomes of Council’s planning controls and is satisfactory having regard to the matters for consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979.

Council received one submission during the public notification period. The matters raised have been addressed in the body of the report.

Having regard to the circumstances of the case, approval of the application is recommended.

The reasons for this decision are:

·            The proposed modification generally complies with the requirements of the relevant environmental planning instruments and the Hornsby Development Control Plan 2013; and

·            The proposed modification does not create unreasonable environmental impacts to adjoining development with regard to visual bulk, solar access, amenity or privacy.

 

Note:  At the time of the completion of this planning report, no persons have made a Political Donations Disclosure Statement pursuant to Section 10.4 of the Environmental Planning and Assessment Act 1979 in respect of the subject planning application.

 

 

Cassandra Williams Major Development Manager - Development Assessments Planning and Compliance Division

Rod Pickles Manager - Development Assessments Planning and Compliance Division

 

 

 

 

Attachments:

1.	Architectural Plans
2.	Submission
3.	Statement of Environmental Effects

 

 

File Reference:          DAM/1170/2022/A

Document Number:    D08723731

 

 

SCHEDULE 1

 

Date of this modification:	25 October 2023
Details of this modification:	Amend privacy balustrading to horizonal privacy louvres
Conditions Added:	Nil
Conditions Deleted:	Nil
Conditions Modified:	1 and 48(a)

 

1.   Approved Plans and Supporting Documentation

The development must be carried out in accordance with the plans and documentation listed below and endorsed with Council’s stamp, except where amended by Council and/or other conditions of this consent:

1.           Approved Plans

Plan No.	Plan Title	Drawn by	Dated	Council Reference
001	Site/Landscape Plan	Voytek Trzebiatowski	August 2022	D08681031
002	Site Demolition Plan	Voytek Trzebiatowski	August 2022	D08681031
005	Upper Floor Plan	Voytek Trzebiatowski	August 2022	D08681031
006	Lower Floor plan	Voytek Trzebiatowski	August 2022	D08681031
007	Green Roof Plan	Voytek Trzebiatowski	August 2022	D08681031
008	Cross Section A-A	Voytek Trzebiatowski	August 2022	D08681031
009	Cross Section B-B	Voytek Trzebiatowski	August 2022	D08681031
010	Cross Section C-C	Voytek Trzebiatowski	August 2022	D08681031
011	Long Section D-D	Voytek Trzebiatowski	August 2022	D08681031
012	Southern Elevation	Voytek Trzebiatowski	August 2022	D08681031
013	Western Elevation	Voytek Trzebiatowski	August 2022	D08681031
014	Eastern Elevation	Voytek Trzebiatowski	August 2022	D08681031
015	Northern Elevation	Voytek Trzebiatowski	August 2022	D08681031
019	Schedule of Finishes	Voytek Trzebiatowski	August 2022	D08681031
021	Driveway Concept	Voytek Trzebiatowski	August 2022	D08681031
001	Site/Landscape Plan	Voytek Trzebiatowski	August 2023
005	Upper Floor Plan	Voytek Trzebiatowski	August 2023
006	Lower Floor plan	Voytek Trzebiatowski	August 2023
007	Green Roof Plan	Voytek Trzebiatowski	August 2023
010	Cross Section C-C	Voytek Trzebiatowski	August 2023
011	Long Section D-D	Voytek Trzebiatowski	August 2023
013	Western Elevation	Voytek Trzebiatowski	August 2023
014	Eastern Elevation	Voytek Trzebiatowski	August 2023
015	Northern Elevation	Voytek Trzebiatowski	August 2023

Supporting Documentation

Document Title	Prepared by	Dated	Council Reference
Arboricultural Impact Assessment Ref: 230316_33 Evans Rd_AIA Rev B	Urban Arbor	16/03/2023	D08611339
Dwg No. 003 Site Protection Plan	Voytek Trzebiatowski	Aug 2022	D08530588
Bushfire Assessment Report Rev A	Building Code & Bushfire Hazard Solutions Pty Ltd	18/08/2022	D08530577
Dwg No. STORM-1 Stormwater Management Plan	Taylor Consulting	27/04/2023	D08642751
Dwg No. STORM-2 Stormwater Management Plan	Taylor Consulting	24/04/2023	D08642751
Waste Management Plan	Wojciech Trzebiatowski and Anna Pawlak	20/04/2023	D08634332
Survey Plan	Bee & Lethbridge	10/02/2023	D08594585
BASIX Certificate: 1185696M	Wojciech Trzebiatowski	14/10/2022	D08530594
Geotechnical Report Project No. 2019-034	Crozier Geotechnical Consultants	20/04/2023	D08634335

Reason: To ensure all parties are aware of the approved plans and supporting documentation that apply to the development.

2.         Removal of Trees

a)         This development consent permits the removal of 35 trees numbered T1, T3, T5, T6, T7, T7a, T7b, T8, T11, T12c, T12d, T13a, T16, T16a, T17, T17a, T17b, T18b, T18c, T19, T20, T21, T22, T23, T24, T25, T26, T27, T28, T29, T30, T31, T32, T33 and T35c as identified in the Arboricultural Impact Assessment Rev B prepared by Urban Arbor dated 16 March 2023.

b)         No consent is granted for the removal of 19 trees numbered T1a, T2, T4, T9, T10, T12, T12a, T12b, T13, T14, T15, T18, T18a, T34, T35, T35, T35a, T35b and T35d as these trees contribute to the established landscape amenity of the area/streetscape.

Note:  The removal of any other trees from the site requires separate approval by Council in accordance with Part 1B.6 Tree and Vegetation Preservation of the Hornsby Development Control Plan, 2013 (HDCP).

Reason: To identify only those trees permitted to be removed.

3.         Tree Pruning

The pruning of any other trees from the site requires separate approval by Council in accordance with Part 1B.6 Tree and Vegetation Preservation of the Hornsby Development Control Plan 2013 (HDCP).

Reason: To protect tree to be retained.

4.         Construction Certificate

a)         A Construction Certificate is required to be approved by Council or a Private Certifying Authority prior to the commencement of any construction works under this consent.

b)         A separate approval must be obtained from Council for all works within the public road reserve under S138 of the Roads Act 1993.  In this regard, a Section 138 Roads Act application shall be lodged via the NSW Planning Portal.

c)         The Construction Certificate plans must be consistent with the Development Consent plans.

Reason: To ensure that detailed construction certificate plans are consistent with the approved plans and supporting documentation.

5.         Section 7.12 Development Contributions

a)         In accordance with Section 4.17(1) of the Environmental Planning and Assessment Act 1979 and the Hornsby Shire Council Section 7.12 Development Contributions Plan 2019-2029, $7,884.10 must be paid towards the provision, extension or augmentation of public amenities or public services, based on development costs of $788,410.00.

b)         The value of this contribution is current as of 6 June 2023. If the contributions are not paid within the financial quarter that this consent is granted, the contributions payable will be adjusted in accordance with the provisions of the Hornsby Shire Council Section 7.12 Development Contributions Plan and the amount payable will be calculated at the time of payment in the following manner:

$CPY	=			$CDC  x CPIPY
				CPIDC

Where:

$C_PY     is the amount of the contribution at the date of Payment.

$C_DC     is the amount of the contribution as set out in this Development Consent.

CPI_PY    is the latest release of the Consumer Price Index (Sydney - All Groups) at the date of Payment as published by the ABS.

CPI_DC   is the Consumer Price Index (Sydney - All Groups) for the financial quarter at the date of this Development Consent.

c)         The monetary contributions shall be paid to Council:

(i)         Prior to the issue of the Subdivision Certificate where the development is for subdivision.

(ii)        Prior to the issue of the first Construction Certificate where the development is for building work.

(iii)        Prior to issue of the Subdivision Certificate or first Construction Certificate, whichever occurs first, where the development involves both subdivision and building work.

(iv)       Prior to the works commencing where the development does not require a Construction Certificate or Subdivision Certificate.

Note:  It is the professional responsibility of the Principal Certifying Authority to ensure that the monetary contributions have been paid to Council in accordance with the above timeframes.

Note: In accordance with Ministerial Directions, the payment of contribution fees for development with a cost of works of over $10 million can be deferred to prior to Occupation Certificate.

Note:  The Hornsby Shire Council Section 7.12 Development Contributions Plan may be viewed at www.hornsby.nsw.gov.au or a copy may be inspected at Council’s Administration Centre during normal business hours.

Reason: To address the increased demand for community infrastructure resulting from the approved development.

6.         Building Code of Australia

Detailed plans, specifications and supporting information is required to be submitted to the certifying authority detailing how the proposed building work achieves compliance with the National Construction Code - Building Code of Australia.  All building work must be carried out in accordance with the requirements of the National Construction Code - Building Code of Australia.

Reason: Prescribed condition - EP&A Regulation section 69(1)

7.         Contract of Insurance (Residential Building Work)

Where residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, this contract of insurance must be in force before any building work authorised to be carried out by the consent commences.

Reason: Prescribed condition EP&A Regulation section 69(2)

8.         Notification of Home Building Act 1989 Requirements

Residential building work within the meaning of the Home Building Act 1989 must not be carried out unless the principal certifying authority for the development to which the work relates (not being Council) has given Council written notice of the following information:

a)         In the case of work for which a principal contractor is required to be appointed:

i)          The name and licence number of the principal contractor; and

ii)         The name of the insurer by which the work is insured under Part 6 of that Act.

b)         In the case of work to be done by an owner-builder:

i)          The name of the owner-builder; and

ii)         If the owner-builder is required to hold an owner-builder’s permit under that Act, the number of the owner-builder’s permit.

Note:  If arrangements for doing the residential building work are changed while the work is in progress so that the information notified becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being Council) has given Council written notification of the updated information.

Reason: Prescribed condition EP&A Regulation section 71(2) and (3)

9.         Sydney Water - Approval

This application must be submitted to Sydney Water for approval to determine whether the development would affect any Sydney Water infrastructure, and whether further requirements are to be met.

Note:  Building plan approvals can be obtained online via Sydney Water Tap in^TM through www.sydneywater.com.au under the Building and Development tab.

Reason: To ensure the development is provided with the relevant utility services.

10.       Stormwater Drainage

The stormwater drainage system for the development must be designed for an average recurrence interval (ARI) of 100 years and be gravity drained in accordance with the following requirements:

a)         Connected directly to an on-site detention tank that discharges to the existing natural depression located within the development site generally in accordance with Dwg No. STORM-1 Stormwater Management Plan prepared by Taylor Consulting, dated 27 April 2023 and Dwg No. STORM-2 Stormwater Management Plan prepared by Taylor Consulting, dated 24 April 2023.

b)         The stormwater drainage system must be designed by a qualified hydraulic engineer.

Reason: To ensure appropriate provision for management and disposal of stormwater.

11.       On Site Stormwater Detention

An on-site stormwater detention system must be designed by a chartered civil engineer and constructed in accordance with the following requirements:

a)         In accordance with Dwg No. STORM-1 Stormwater Management Plan prepared by Taylor Consulting, dated 27 April 2023 and Dwg No. STORM-2 Stormwater Management Plan prepared by Taylor Consulting, dated 24 April 2023. 

b)         Have a capacity of not less than 10 cubic metres, and a maximum discharge (when full) of 6 litres per second.

c)         Have a surcharge/inspection grate located directly above the outlet.

d)         Discharge from the detention system must be controlled via 1 metre length of pipe, not less than 50 millimetres diameter or via a stainless plate with sharply drilled orifice bolted over the face of the outlet discharging into a larger diameter pipe capable of carrying the design flow to the existing natural depression.

Reason: To manage stormwater flows to minimise potential flooding.

12.       Internal Driveway/Vehicular Areas

The driveway and parking areas on site must be designed, constructed and a Construction Certificate issued in accordance with Australian Standards AS2890.1, AS2890.2, AS3727 and the following requirements:

a)         The driveway be a rigid pavement.

b)         The provision of safety rails where there is a level difference more than 0.3 metres and a 1:4 batter cannot be achieved.

c)         Longitudinal sections along both sides of the access driveway shall be submitted to the principal certifying authority in accordance with the relevant sections of Australian Standard AS2890.1.  The maximum grade shall not exceed 1 in 4 (25%) with the maximum changes of grade of 1 in 8 (12.5%) for summit grades and 1 in 6.7 (15%) for sag grades.  Any transition grades shall have a minimum length of 2 metres. 

Reason: To provide safe vehicle and pedestrian access

13.       Dilapidation Report

a)         Prior to the commencement of any works on site, the applicant must submit for approval by the Principal Certifying Authority (with a copy forwarded to Council) a ‘Dilapidation Report’ detailing the structural condition of the adjoining properties:

i)          Public Road Reserve.

ii)         Lot 16 DP 205246, No. 31 Evans Road, Hornsby Heights.

iii)         Lot 3 DP 865539, No. 4 Mullion Close, Hornsby Heights.

b)         The report must include a photographic survey of the adjoining properties detailing their physical condition, both internally and externally, including such items as walls, ceilings, roof, structural members and other similar items. The report must be completed by a chartered structural/geotechnical engineer.  A copy of the dilapidation report must be submitted to Council.

c)         In the event access to adjoining allotments for the completion of a dilapidation survey is denied, the applicant must demonstrate in writing that all reasonable steps have been taken to advise the adjoining allotment owners of the benefit of this survey and details of failure to gain consent for access to the satisfaction of the Principle Certifying Authority.

Note: This documentation is for record keeping purposes only and can be made available to an applicant or affected property owner should it be requested to resolve any dispute over damage to adjoining properties arising from works. It is in the applicant’s and adjoining owner’s interest for it to be as detailed as possible.

Reason: To record the condition of adjoining properties and public land to resolve any dispute over damage from works.

14.       Road Works

A Section 138 Roads Act application must be lodged via the NSW Planning Portal for Council’s approval of the proposed vehicular access works within the road reserve approved under this consent. The design must be in accordance with AUS-SPEC Specifications (https://www.hornsby.nsw.gov.au/property/build/aus-spec-terms-and-conditions) and the following requirements:

a)         Detailed civil and structural design drawings shall be provided by an appropriately qualified engineer.

b)         The structure shall be designed to ensure that the stability of the road is maintained during construction and the throughout the life of the structure.

Reason: To provide safe vehicle and pedestrian access.

15.       Construction Management Plan (CMP)

To assist in the protection of the public, the environment and Council’s assets, a separate Construction Management Plan must be prepared by a suitably qualified environmental consultant in consultation with a qualified traffic engineer and AQF 5 arborist and submitted to Council’s Compliance Team via Council’s Online Services Portal for review and written approval.

The CMP must include the following details:

a)         Description of the works

i)          A description of the scope of all stages of works.

ii)         A detailed description of site-specific tree removal methodology including the procedure for removal of trees, estimated quantity of waste produced, the estimated length of time required for tree removal, site plan demonstrating the storage location of materials, waste and vehicles used during removal.

iii)         A table of information detailing cut and in-situ fill calculations for all stages for works. The table must include specified dimensions (WxLxD) and total cubic metres.

iv)        Site plans for all stages of works including the location of site sheds, concrete pump and crane locations, unloading and loading areas, waste and storage areas, existing survey marks, vehicle entry, surrounding pedestrian footpaths and hoarding (fencing) locations.

v)         The CTMP plans shall be in accordance with all other plans submitted to Council as part of this development proposal. 

vi)        A statement confirming that no building materials, work sheds, vehicles, machines or the like shall be allowed to remain in the road reserve area without the written consent of Hornsby Shire Council.

vii)        If there is a requirement to obtain a Work Zone, Out of Hours permit, partial Road Closure or Crane Permit, the Plan must detail these requirements and include a statement that an application to Hornsby Shire Council will be made to obtain such a permit.

viii)       The Plan must state that the applicant and all employees of contractors on the site must obey any direction or notice from the Prescribed Certifying Authority or Hornsby Shire Council in order to ensure the above.

ix)        The CMP must detail all responsible parties ensuring compliance with the document and include the contact information for developers, builder, private certifier and any emergency details during and outside work hours.

b)         A Construction Traffic Management Plan (CTMP) including the following:

i)          The order of construction works and arrangement of all construction machines and vehicles being used during all stages.

ii)         Traffic controls including those used during non-working hours. Pedestrian access and two-way traffic in the public road must be able to be facilitated at all times.

iii)         Details of parking arrangements for all employees and contractors, including layover areas for large trucks during all stages of works. The parking or stopping of truck and dog vehicles associated with the development will not be permitted other than on the site and the plan must demonstrate this will be achieved.

iv)        Proposed truck routes to and from the site including details of the frequency of truck movements for all stages of the development.

v)         Swept path analysis for ingress and egress of the site for all stages of works.

vi)        The total quantity and size of trucks for any exportation of fill on site throughout all stages of works, and a breakdown of total quantities of trucks for each stage of works.

vii)        The number of weeks trucks will be accessing and leaving the site with excavated or imported fill material.

viii)       The maximum number of trucks travelling to and from the site on any given day for each stage of works.

ix)        The maximum number of truck movements on any given day during peak commuting periods for all stages of works.

x)         The Plan shall be in compliance with the requirements of the Roads and Maritime Services Traffic control at work sites Manual 2018 and detail:

a.         Public notification of proposed works.

b.         Long term signage requirements.

c.         Short term (during actual works) signage.

d.         Vehicle Movement Plans, where applicable.

e.         Traffic Management Plans.

f.          Pedestrian and Cyclist access and safety.

c)         A Construction Waste Management Plan detailing the following:

i)          Details of the excavation of soil and fill, the classification of the fill, disposal methods and authorised disposal depots that will be used for the fill.

ii)         General construction waste details including construction waste skip bin locations and litter management for workers.

d)         A Tree Protection Plan (TPP) prepared by an AQF 5 Arborist in accordance with any approved Arboricultural Impact Assessment and tree location plans, detailing the following:

i)          A site plan showing tree protection zones (TPZ) and structural root zones (SRZ) of trees to be retained and specific details of tree protection measures inclusive of distances (in metres) measured from tree trunks.

ii)         Construction methodology to avoid damage to trees proposed to be retained during construction works.

iii)         Specifications on tree protection materials used and methods within the TPZ or SRZ.

iv)        Location of dedicated material storage space on site outside of TPZ’s and SRZ’s for retained trees.

e)         A Construction Noise and Vibration Management Plan (CNMP) which includes:

i)          Existing noise and vibration levels within the proximity of the proposed development site.

ii)         Details of the extent of rock breaking or rock sawing works forming part of the proposed development works.

iii)         The maximum level of noise and vibration predicted to be emitted during each stage of construction.

iv)        The duration of each stage of works where the maximum level of noise and vibration are predicted to be emitted for.

v)         Details of mitigation measures, inclusive of respite periods, that will meet acoustic standards and guidelines at each stage of works.

vi)        Details of a complaints handling process for the surrounding neighbourhood for each stage of works.

f)          An Erosion and Sediment Control Plan (ESCP) that describes all erosion and sediment controls to be implemented in accordance with the publication Managing Urban Stormwater: Soils & Construction (4^th Edition), which includes:

i)          A site survey which identifies contours and approximate grades and the direction(s) of fall.

ii)         Locality of site and allotment boundaries.

iii)         Location of adjoining road(s) and all impervious surfaces.

iv)        Location of site access and stabilisation of site access.

v)         Provision for the diversion of run off around disturbed areas.

vi)        Location of material stockpiles.

vii)        Proposed site rehabilitation and landscaping; staging of construction works.

viii)       Maintenance program for erosion and sediment control measures.

ix)        Provide a plan of how all construction works will be managed in a wet-weather events (i.e., storage of equipment, stabilisation of the Site).

x)         Confirmation that a street ‘scrub and dry’ service will be in operation during all stages of works.

Note:  The CMP must be lodged via Council’s Online Services Portal at: https://hornsbyprd-pwy-epw.cloud.infor.com/ePathway/Production/Web/Default.aspx and by selecting the following menu options: Applications > New Applications > Under ‘Application Types’: Management Plans.

Reason: To document construction measures to protect the public and the surrounding environment.

16.       Appointment of a Project Geotechnical Engineer

An appropriately qualified Geotechnical Engineer shall be appointed to ensure that the stability of the land and any remedial works to the existing boulders are undertaken generally in accordance with the recommendations outlined in Geotechnical Report Project No. 2019-034 prepared by Crozier Geotechnical Consultants, dated 20 April 2023. 

Reason: to ensure the stability of the site.

17.       Appointment of a Project Arborist

a)         To ensure the trees that must be retained are protected, a project arborist with AQF Level 5 qualifications must be appointed to assist in ensuring compliance with the conditions of consent and provide monitoring reports as specified by the conditions of consent.

b)         Details of the appointed project arborist must be submitted to Council and the PCA with the application for the construction certificate/subdivision works certificate.

Reason: To ensure appropriate monitoring of tree(s) to be retained.

18.       Erection of Construction Sign

a)         A sign must be erected in a prominent position on any site on which any approved work is being carried out:

i)          Showing the name, address and telephone number of the principal certifying authority for the work.

ii)         Showing the name of the principal contractor (if any) for any demolition or building work and a telephone number on which that person may be contacted outside working hours; and

iii)         Stating that unauthorised entry to the work site is prohibited.

b)         The sign is to be maintained while the approved work is being carried out and must be removed when the work has been completed.

Reason: Prescribed condition EP&A Regulation, section 70(2) and (3).

19.       Protection of Adjoining Areas

A temporary hoarding, fence or awning must be erected between the work site and adjoining lands before the works begin and must be kept in place until after the completion of the works if the works:

a)         Could cause a danger, obstruction or inconvenience to pedestrian or vehicular traffic.

b)         Could cause damage to adjoining lands by falling objects; and/or.

c)         Involve the enclosure of a public place or part of a public place; and/or.

d)         Have been identified as requiring a temporary hoarding, fence or awning within the Council approved Construction Management Plan (CMP).

Note:  Notwithstanding the above, Council’s separate written approval is required prior to the erection of any structure or other obstruction on public land.

Reason: To ensure public safety and protection of adjoining land.

20.       Toilet Facilities

a)         To provide a safe and hygienic workplace, toilet facilities must be available or be installed at the works site before works begin and must be maintained until the works are completed at a ratio of one toilet for every 20 persons employed at the site.

b)         Each toilet must:

i)          Be a standard flushing toilet connected to a public sewer; or

ii)         Be a temporary chemical closet approved under the Local Government Act 1993; or

iii)         Have an on-site effluent disposal system approved under the Local Government Act 1993.

Reason: To ensure adequate toilet facilities are provided.

21.       Erosion and Sediment Control

To protect the water quality of the downstream environment, erosion and sediment control measures must be provided and maintained throughout the construction period in accordance with the manual ‘Urban Stormwater: Soils and Construction “The Blue Book” 2004 (4th edition), the approved plans, Council specifications and to the satisfaction of the principal certifying authority.  The erosion and sediment control devices must remain in place until the site has been stabilised and revegetated.

Note:  On the spot penalties may be issued for any non-compliance with this requirement without any further notification or warning.

Reason: To minimise impacts on the water quality of the downstream environment.

22.       Garbage receptable

A garbage receptacle must be provided at the work site before works begin and must be maintained until all works are completed.

a)         The garbage receptacle must have a tight fitting lid and be suitable for the reception of food scraps and papers.

b)         The receptacle lid must be kept closed at all times, other than when garbage is being deposited.

c)         Food scraps must be placed in the garbage receptacle and not in demolition and construction waste bins.

Reason: To maintain the site in a clean condition and protect local amenity.

23.       Installation of Tree Protection Measures

a)         Trees to be retained and numbered T1a, T2, T4, T9, T10, T12, T12a, T12b, T13, T14, T15, T18, T18a, T34, T35, T35, T35a, T35b and T35d as identified on the Tree Location Plan in the Arboricultural Impact Assessment Ref: 230316_33 Evans Rd_AIA Rev B prepared by Urban Arbor dated 16 March 2023 must have tree protection measures for the ground, trunk and canopy installed by the project arborist as follows:

i)          For the duration of demolition, excavation and construction works, in accordance with Dwg No. 003 Site Protection Plan, prepared by Voytek Trzebiatowski, dated August 2022.

Tree protection fencing for the trees to be retained numbered T1a, T2, T4, T34, T35, T35a, T35b, T35d must be installed by the engaged AQF 5 project arborist.

Tree Protection fencing can consist of star pickets with bunting

i)          Fencing must include Tree Protection Zone signage

Where wood-chip mulch is permitted by Council instead of tree protection fencing within the tree protection zones, the woodchip must be covered with a layer of geotextile fabric and rumble boards.

Reason: To minimise impacts on the water quality of the downstream environment.

24.       Construction Work Hours

a)         All works on site, including demolition and earth works, must only occur between 7am and 5pm Monday to Saturday.

b)         No work is to be undertaken on Sundays or public holidays.

Reason: To protect the amenity of neighbouring properties.

25.       Environmental Management - Air Pollution

a)         The Applicant must take all reasonable steps to minimise dust generated during all works authorised by this consent.

b)         During construction, the Applicant must ensure that:

i)          All trucks entering or leaving the site with loads have their loads covered.

ii)         Trucks associated with the development do not track dirt onto the public road network.

iii)         Public roads used by these trucks are kept clean.

iv)        Land stabilisation works are carried out progressively on site to minimise exposed surfaces.

Reason: To minimise impacts to the natural environment and public health.

26.       Street Sweeping

a)         During works and until exposed ground surfaces across the site have been stabilised, street sweeping must be undertaken following sediment tracking from the site.

b)         The street cleaning service must utilise a ‘scrub and dry’ method and be undertaken for the full extent of any sediment tracking.

Reason: To minimise impacts to the natural environment.

27.       Vegetation Removal - Asset Protection Zones

While site work is being carried out, clearing or modifying vegetation to establish the APZ must be confined to within the marked APZ boundary in accordance with the supporting documentation approved under this consent (D08530577 – approved Bushfire Assessment Report prepared by Building Code & Bushfire Hazard Solutions Pty Limited dated 18th August 2022), to the satisfaction of Council. Trees approved for removal for the APZ establishment are stated in the Arboricultural Impact Assessment Rev B prepared by Urban Arbor, dated 16 March 2023.

Reason: To ensure vegetation clearance or modification during construction is confined within the APZ.

28.       Council Property

To ensure that the public reserve is kept in a clean, tidy and safe condition during construction works, no building materials, waste, machinery or related matter is to be stored on the road or footpath. 

Reason: To protect public land.

29.       Compliance with Geotechnical requirements

The project Geotechnical Engineer must be on-site during the installation of footings and all other earthworks and ensure the development complies with the recommendations of the Geotechnical Report Project No. 2019-034 prepared by Crozier Geotechnical Consultants dated 20 April 2023.

Reason: to ensure the stability of the site.

30.       Disturbance of Existing Site

During construction works, the existing ground levels of open space areas and natural landscape features, including natural rock-outcrops, vegetation, soil and watercourses must not be altered unless otherwise nominated on the approved plans.

Reason: To protect the natural features of the site.

31.       Landfill not Permitted

The importation of fill material associated with earthworks, or structural or engineering works, is not permitted as part of this consent.

Reason: To minimise environmental impacts from landform modification.

32.       Excavated Material

All excavated material removed from the site must be classified by a suitably qualified environmental consultant in accordance with the NSW Environment Protection Authority’s Waste Classification Guidelines and Protection of the Environment Operations (Waste) Regulation 2014 prior to disposal to a licensed waste management facility.   Tipping dockets for the total volume of excavated material that are received from the licensed waste management facility must be provided to the principal certifying authority prior to the issue of an Occupation Certificate.

Reason: To ensure the appropriate disposal of excavated material.

33.       Compliance with Construction Management Plan

The Council approved Construction Management Plan must be complied with for the duration of works, unless otherwise approved by Council.

Reason: To ensure implementation of construction measures to protect the public and the surrounding environment.

34.       Unexpected Finds

Should the presence of asbestos or soil contamination, not recognised during the application process be identified during any stage of works, the applicant must immediately notify the PCA and Council.

Reason: To ensure the appropriate removal and disposal of contaminated materials.

35.       Survey Report

A report(s) must be prepared by a registered surveyor and submitted to the principal certifying authority:

a)         Prior to the pouring of concrete at each level of the building certifying that:

i)          The building, retaining walls and the like have been correctly positioned on the site; and

ii)         The finished floor level(s) are in accordance with the approved plans.

Reason: To ensure buildings are positioned in the approved location and at the correct height.

36.       Prohibited Actions within the Fenced Tree Protection Zone

The following activities are prohibited within the approved fenced tree protection zones unless otherwise approved by Council:

a)         Soil cutting or filling, including excavation and trenching.

b)         Soil cultivation, disturbance or compaction.

c)         Stockpiling storage or mixing of materials.

d)         The parking, storing, washing and repairing of tools, equipment and machinery.

e)         The disposal of liquids and refuelling.

f)          The disposal of building materials.

g)         The siting of offices or sheds.

h)         Any action leading to the impact on tree health or structure.

Reason: To protect trees during construction.

37.       Maintaining the Health of Trees Approved for Retention

The appointed project arborist must monitor and record any and all necessary actions required to maintain tree health and condition for trees to be retained on the approved plans.

Reason: To ensure appropriate monitoring of tree(s) to be retained.

38.       Maintaining Tree Protection Measures

Tree Protection Measures must be maintained by the project arborist in accordance with Condition No. 23 of this consent for the duration of works.

Reason: To protect trees during construction.

39.       Approved Works within Tree Protection Zone Incursions

a)         Where tree root pruning is required for the installation of piers, driveway or underground services, the pruning must be overseen by the AQF 5 project arborist and must be undertaken as follows:

i)          Using sharp secateurs, pruners, handsaws or chainsaws with the final cut being clean.

ii)         The maximum diameter of roots permitted to be cut is 40mm.

b)         Approved excavations within the Tree Protection Zone of trees to be retained not associated with installation of services must be undertaken as follows:

i)          Excavations for the construction and/or installation of the house/deck/driveway/piers in the Tree Protection Zone of trees to be retained on the approved plans must be supervised by the project arborist for the first 1 metre undertaken manually to locate roots and allow for pruning in accordance with condition No.  39(a).

c)         To minimise impacts within the Tree Protection Zone (TPZ) of trees retained on the approved plans, the installation of services must be undertaken as follows:

i)          The AQF 5 project arborist must be present to oversee the installation of any underground services which enter or transect the tree protection.

ii)         The installation of any underground services which either enter or transect the designated TPZ must be undertaken manually. 

iii)         For manually excavated trenches the AQF 5 project arborist must designate roots to be retained.  Manual excavation may include the use of pneumatic and hydraulic tools.

d)         Where scaffolding is required, ground protection must be installed beneath the scaffolding in the following order:

i)          Installation of a 100mm deep layer of woodchip.

ii)         Installation of geotextile fabric ground covering.

iii)         Installation of scaffold boarding above the woodchip and geotextile fabric.

Reason: To protect trees during construction.

40.       Waste Management

All work must be carried out in accordance with the approved waste management plan.

Reason: To ensure the management of waste to protect the environment and local amenity during construction.

41.       Fulfilment of BASIX Commitments

The applicant must demonstrate the fulfilment of BASIX commitments pertaining to the development.

Reason: Prescribed condition under section 75 (EP&A Regulation).

42.       Final Certification

The AQF 5 Project arborist must submit to the Principal Certifying Authority a certificate that includes the following:

a)         All tree protection requirements complied with the as approved tree protection plan for the duration of demolition and/or construction works.

b)         All completed works relating to tree protection and maintenance have been carried out in compliance with the conditions of consent and approved plans.

c)         Dates, times and reasons for all site attendance.

d)         All works undertaken to maintain the health of retained trees.

e)         Details of tree protection zone maintenance for the duration of works.

Note: Copies of monitoring documentation may be requested throughout the development works.

Reason: To ensure compliance with tree protection commitments.

43.       Damage to Council Assets

To protect public property and infrastructure, any damage caused to Council’s assets as a result of the construction or demolition of the development must be rectified by the applicant in accordance with AUS-SPEC Specifications

(www.hornsby.nsw.gov.au/property/build/aus-spec-terms-and-conditions.  Rectification works must be undertaken prior to the issue of an Occupation Certificate, or sooner, as directed by Council.

Reason: To ensure public infrastructure and property is maintained.

44.       Certification from Geotechnical Engineer

Prior to the issue of an occupation certificate, a certificate by a qualified geotechnical engineer shall be submitted to the principal certifying authority, certifying that all works have been carried out in accordance with the recommendations in the Geotechnical Report Project No. 2019-034 prepared by Crozier Geotechnical Consultants dated 20 April 2023.

Reason: to ensure the stability of the site.

45.         Creation of Easements

The following matter(s) must be nominated on the plan of subdivision under s88B of the Conveyancing Act 1919: 

a)         The creation of an appropriate "Positive Covenant" and "Restriction as to User" over the constructed on-site detention/retention systems and outlet works, within the lots in favour of Council in accordance with Council’s prescribed wording.  The position of the on-site detention system is to be clearly indicated on the title.

b)         To register the OSD easement, the restriction on the use of land “works-as-executed” details of the on-site-detention system must be submitted verifying that the required storage and discharge rates have been constructed in accordance with the design requirements.  The details must show the invert levels of the on-site system together with pipe sizes and grades.  Any variations to the approved plans must be shown in red on the “works-as-executed” plan and supported by calculations.

Note:  Council must be nominated as the authority to release, vary or modify any easement, restriction or covenant.

Reason: To create legal entitlements to facilitate the proper use and management of land.

46.       Submission of Excavated Material Tipping Dockets to Principal Certifying Authority

Tipping dockets for the total volume of excavated material that are received from the licensed waste facility must be provided to the Principal Certifying Authority prior to the issue of an Occupation Certificate.

Reason: To confirm appropriate disposal of excavated material.

47.       Final Certification - Asset Protection Zone

A suitably qualified and experienced bushfire consultant is to provide Council with a certificate stating that the APZ has been established in accordance with Bushfire Assessment Report prepared by Building Code & Bushfire Hazard Solutions Pty Limited dated 18 August 2022 Revision A, the Arboricultural Impact Assessment Ref: 230316_33 Evans Rd_AIA Rev B prepared by Urban Arbor, dated 16 March 2023, Planning for Bushfire Protection 2019 and the NSW Rural Fire Service’s Standards for Asset Protection Zones.

Reason: To ensure the APZ has been established in accordance with the approved plans

48.       Installation of Privacy Devices

To establish and maintain a reasonable level of privacy for the adjoining premises No. 4 Mullion Close:

a)         The balustrading to the lower and upper floor level decks on the northern elevation where shown in red on the approved plans, must have no individual openings more than 30mm wide and have a total of all openings less than 30% of the surface area of the balustrading to a minimum height of 1 metre above finished floor level.

a)         The horizontal privacy louvres to the lower ground level and ground floor level must extend 0.9m beyond the floor level and these privacy louvres must be fixed and angled to ensure that no individual openings are more than 30mm wide and have a total of all openings less than 30% of the surface area when viewed from a standing position on the balconies.

b)         The privacy screens proposed within the architectural plans must have no individual openings more than 30mm wide and have a total of all openings less than 30% of the surface area of the screens.

Reason: To provide privacy to the site and adjoining development.

49.       Ongoing Protection of Remnant Trees

All trees on site not approved for removal under this consent are required to be retained for conservation purposes. These trees have a legal obligation for their preservation and are excluded from the clearing provisions of the 10/50 Vegetation Clearing Code of Practice for New South Wales in accordance with Clause 7.8 of the Code.

Reason: To inform current and future landowners that certain trees and vegetation are protected

50.       Management of asset protection zones

During ongoing use of the site, the APZ must be managed in accordance with the Bushfire Assessment Report Rev A prepared by Building Code & Bushfire Hazard Solutions Pty Limited, dated 18 August 2022, the Arboricultural Impact Assessment Ref: 230316_33 Evans Rd_AIA Rev B prepared by Urban Arbor, dated 16 March 2023, Planning for Bushfire Protection 2019 and the NSW Rural Fire Service’s Standards for Asset Protection Zones.

Reason: To ensure ongoing protection from bush fires.

51.       Asset Protection Zones

a)         From the commencement of building works and in perpetuity, the entire property must be managed as an inner protection area in accordance with the following requirements of Appendix 4 of Planning for Bush Fire Protection 2019:

i)          Tree canopy cover should be less than 15% at maturity.

ii)         Trees at maturity should not touch or overhang the building.

iii)         Lower limbs should be removed up to a height of 2 metres above the ground.

iv)        Tree canopies should be separated by 2 to 5 metres.

v)         Preference should be given to smooth-barked and evergreen trees.

vi)        Create large discontinuities or gaps in the vegetation to slow down or break the progress of fire towards buildings should be provided.

vii)        Shrubs should not be located under trees.

viii)       Shrubs should not form more than 10% ground cover.

ix)        Clumps of shrubs should be separated from exposed windows and doors by a distance of at least twice the height of the vegetation.

x)         Grass should be kept mown (as a guide, grass should be kept to no more than 100 millimetres in height).

xi)        Leaves and vegetation debris should be removed.

Reason: The intent of measures: to minimise the risk of bush fire attack and provide protection for emergency services personnel. residents and others assisting lire lighting activities.

52.       Construction Standards

a)         New construction must comply with Section 3 (excluding section 3.5) and Section 9 (BAL FZ) of the Australian Standard AS3959-2018 Construction of buildings in bushfire-prone areas or the relevant requirements of the NASH Standard - Steel Framed Construction in Bushfire Areas (incorporating amendment A - 2015). New construction must also comply with the construction requirements in Section 7.5 of Planning for Bush Fire Protection 2019.

b)         3. Fences and gates must comply with Section 7.6 of Planning for Bush Fire Protection 2019. New fences and gates are to be made of either hardwood or non-combustible material. Where a fence or gate is constructed within 6m of a dwelling or in areas of BAL-29 or greater, they must be made of non-combustible material only.

Reason: The intent of measures is that buildings are designed and constructed to withstand the potential impacts of bush fire attack.

53.       Waster and Utility Services

a)         The provision of water, electricity and gas must comply with the following in accordance with Table 7.4a of Planning for Bush Fire Protection 2019:

i)          Reticulated water is to be provided to the development where available.

ii)         All above-ground water service pipes external to the building are metal, including and up to any taps.

iii)         Where practicable, electrical transmission lines are underground:

iv)        Where overhead, electrical transmission lines are proposed as follows:

i.          Lines are installed with short pole spacing (30m), unless crossing gullies, gorges or riparian areas; and

ii.          No part of a tree is closer to a power line than the distance set out in accordance with the specifications in ISSC3 Guideline for Managing Vegetation Near Power Lines.

v)         Reticulated or bottled gas is installed and maintained in accordance with AS/NZS 1596:2014 and the requirements of relevant authorities, and metal piping is used.

vi)        All fixed gas cylinders are kept clear of all flammable materials to a distance of 10m and shielded on the hazard side.

vii)        Connections to and from gas cylinders are metal.

viii)       Polymer-sheathed flexible gas supply lines are not used.

ix)        Above-ground gas service pipes are metal, including and up to any outlets.

Reason: The intent of measures is to minimise the risk of bush fire attack and provide protection for emergency services personnel. residents and others assisting firefighting activities.

54.       Landscaping

a)         Landscaping within the required asset protection zone must comply with Appendix 4 of Planning for Bush Fire Protection 2019. In this regard. the following principles are to be incorporated:

i)          A minimum 1 metre wide area (or to the property boundary where the setbacks are less than 1 metre), suitable for pedestrian traffic, must be provided around the immediate curtilage of the building.

ii)         Planting is limited in the immediate vicinity of the building.

iii)         Planting does not provide a continuous canopy to the building (Le. trees or shrubs are isolated or located in small clusters).

iv)        Landscape species are chosen to ensure tree canopy cover is less than 15% (lPA), and less than 30% (OPA) at maturity and trees do no touch or overhang buildings.

v)         Avoid species with rough fibrous bark, or which retain/shed bark in long strips or retain dead material in their canopies.

vi)        Use smooth bark species of trees species which generally do not carry a fire up the bark into the crown.

vii)        Avoid planting of deciduous species that may increase fuel at surface/ ground level (i.e., leaf litter).

viii)       Avoid climbing species to walls and pergolas.

ix)        Locate combustible materials such as woodchips/mulch, flammable fuel stores away from the building.

x)         Locate combustible structures such as garden sheds, pergolas and materials such as timber garden furniture away from the building.

xi)        Low flammability vegetation species are used.

Reason: The intent of measures is for landscaping in bushfire prone areas.

- END OF CONDITIONS -

Environmental Planning and Assessment Act 1979 Requirements

The Environmental Planning and Assessment Act 1979 requires:

·            The issue of a construction certificate prior to the commencement of any works.  Enquiries can be made to Council’s Customer Services Branch on 9847 6760.

·            A principal certifying authority to be nominated and Council notified of that appointment prior to the commencement of any works.

·            Council to be given at least two days written notice prior to the commencement of any works.

·            Mandatory inspections of nominated stages of the construction inspected.

·            An occupation certificate to be issued before occupying any building or commencing the use of the land.

Long Service Levy

In accordance with Section 34 of the Building and Construction Industry Long Service Payments Act 1986, a ‘Long Service Levy’ must be paid to the Long Service Payments Corporation (LSC) at www.longservice.nsw.gov.au.

Note:  The rate of the Long Service Levy is 0.25% of the total cost of the work (including GST).

Note:  Hornsby Council requires the payment of the Long Service Levy prior to the issue of a construction certificate.

Tree and Vegetation Preservation

Hornsby Development Control Plan 2013 Tree and Vegetation Preservation provisions have been developed under Council’s authorities contained in State Environmental Planning Policy (Biodiversity and Conservation) 2021 and the Environmental Planning and Assessment Act 1979.

In accordance with these provisions a person must not cut down, fell, uproot, kill, poison, ringbark, burn or otherwise destroy the vegetation, lop or otherwise remove a substantial part of the trees or vegetation to which any such development control plan applies without the authority conferred by a development consent, or a permit granted by Council.

Fines may be imposed for non-compliance with the Hornsby Development Control Plan 2013.

Note: A tree is defined as a long lived, woody perennial plant with one or relatively few main stems with the potential to grow to a height greater than three metres (3m). (HDCP 1B.6.1.c).

Covenants

The land upon which the subject building is to be constructed may be affected by restrictive covenants.  Council issues this approval without enquiry as to whether any restrictive covenant affecting the land would be breached by the construction of the building, the subject of this consent.  Applicants must rely on their own enquiries as to whether or not the building breaches any such covenant.

Dial Before You Dig

Prior to commencing any works, the applicant is encouraged to contact Before You Dig Australia (BYDA) at www.byda.com.au for free information on potential underground pipes and cables within the vicinity of the development site.

Telecommunications Act 1997 (Commonwealth)

If you are aware of any works or proposed works which may affect or impact on Telstra’s assets in any way, you are required to contact Telstra’s Network Integrity Team on Phone Number 1800810443.

Asbestos Warning

Should asbestos or asbestos products be encountered during demolition or construction works, you are advised to seek advice and information prior to disturbing this material. It is recommended that a contractor holding an asbestos-handling permit (issued by SafeWork NSW) be engaged to manage the proper handling of this material. Further information regarding the safe handling and removal of asbestos can be found at:

www.environment.nsw.gov.au

www.adfa.org.au

www.safework.nsw.gov.au

Alternatively, telephone the SafeWork NSW on 13 10 50.

 

LPP Report No. LPP37/23

Local Planning Panel

Date of Meeting: 25/10/2023

 

 

DA No:	DA/464/2023
Lodged on:	2 June 2023
Description:	Construction of a dwelling house
Property:	Lot 304 DP 778653, No. 24 Chandler Avenue, Cowan
Applicant:	Y2 Design Vista Pty Ltd
Owner:	Mr Xiutian Luo
Estimated Value:	$1,100,000.00
Ward:	A Ward
Clause 4.6 Request:	Clause 4.3 Height of Buildings under HLEP in R2 Low density residential zone
Submissions:	11 (9 unique submissions in objection)
LPP Criteria:	Proposal contravenes a development standard by more than 10%
Author:	Sophie Valentine, Town Planner
COI Declaration:	No Council staff involved in the assessment of this application have declared a Conflict of Interest.

 

 

RECOMMENDATION THAT Council assume the concurrence of the Secretary of the Department of Planning and Environment pursuant to Clause 4.6 of the Hornsby Local Environmental Plan 2013 and approve Development Application No. DA/464/2023 for construction of a dwelling house at Lot 304 DP 778653, No. 24 Chandler Avenue, Cowan subject to the conditions of consent detailed in Schedule 1 of LPP Report No. LPP37/23.

 

 

executive summary

·            The application involves construction of a dwelling house.

·            The proposal does not comply with the Hornsby Local Environmental Plan 2013 with regard to Clause 4.3 Height of buildings. The applicant has made a submission in accordance with Clause 4.6 ‘Exceptions to development standards’ of the Hornsby Local Environmental Plan 2013 to contravene Clause 4.3 Height of buildings development standard.  The submission is considered well founded and is supported.

·            A total of nine submissions have been received in respect of the application, seven by way of objection and two neutral. One of the objections is a petition received from two separate properties.

·            The application is required to be determined by the Hornsby Council Local Planning Panel as the proposal would contravene the Hornsby Local Environmental Plan 2013 development standard for height of buildings by more than 10%.

·            It is recommended that the application be approved.

BACKGROUND

On 20 June 1990, Development Application No. DA/540/89 for construction of a dual occupancy was approved by Council.

On 28 November 1992, a Section 102 modification application (DA/540A/89) was approved. Condition No. 4 of the consent allowed for strata subdivision of the dual occupancy upon completion of the development. The applicant had applied for this condition to be amended to allow registration of the strata lot in accordance with Council’s adopted policy.

The site has not previously been used for residential purposes and is currently undeveloped.

SITE

The subject site is a large battle-axe lot with a total site area of 1,573m² (1339m² excluding the battle-axe handle) and is currently undeveloped containing a large number of trees. The site is situated on a steep slope, including near vertical features with land sloping to the east towards bushland and Kimmerikong Creek.

The site is located within the Cowan locality and is in the vicinity to recreation and local services. The site is in close proximity to public transport on the rail corridor and the Pacific Highway to the east.

The site is bushfire prone, however the site is not flood prone.

The site is directly adjacent Heritage Archaeological Item No. A27 known as “Original quarry” as identified under Schedule 5 of the Hornsby Local Environment Plan 2013. The site does not contain a heritage listed item and is not within a heritage conservation area.

The site would be accessed by an existing shared driveway that would connect to a new proposed driveway to the dwelling house.

The subject site adjoins a two storey clad dwelling to the south and a dwelling house to the west.

The site is connected to the reticulated sewer system of Sydney Water.

PROPOSAL

The application proposes construction of a part, two and three storey dwelling house and ancillary works, inclusive of a driveway, retaining walls and stormwater absorption trench.

The ground floor would comprise an open plan family, kitchen and dining room, lounge room, attached double garage, verandah and balcony.

Four bedrooms, a bathroom, an ensuite, a living room and two balconies would be located on the first floor.

The lower ground floor would contain a rumpus room.

A total of 37 trees are proposed to be removed to facilitate development.

ASSESSMENT

The development application has been assessed having regard to the Greater Sydney Region Plan - A Metropolis of Three Cities, the North District Plan and the matters for consideration prescribed under Section 4.15 of the Environmental Planning and Assessment Act 1979 (the Act).  The following issues have been identified for further consideration.

1.         STRATEGIC CONTEXT

1.1       Greater Sydney Region Plan - A Metropolis of Three Cities and North District Plan

The Greater Sydney Region Plan - A Metropolis of Three Cities has been prepared by the NSW State Government to guide land use planning decisions over the next 40 years (to 2056).  The Plan sets a strategy and actions for accommodating Sydney’s future population growth and identifies dwelling targets to ensure supply meets demand.  The Plan also identifies that the most suitable areas for new housing are in locations close to jobs, public transport, community facilities and services.

The NSW Government will use the subregional planning process to define objectives and set goals for job creation, housing supply and choice in each subregion.  Hornsby Shire has been grouped with Hunters Hill, Ku-ring-gai, Lane Cove, Mosman, North Sydney, Ryde, Northern Beaches and Willoughby to form the North District.  The Greater Sydney Commission has released the North District Plan which includes priorities and actions for Northern District over the next 20 years.

The identified challenge for Hornsby Shire will be to provide an additional 4,350 dwellings by 2021 with further strategic supply targets to be identified to deliver 97,000 additional dwellings in the North District by 2036.

The proposed development would be consistent with the Greater Sydney Region Plan - A Metropolis of Three Cities and the North District Plan, by contributing to achieving the dwelling targets for the region.

2.         STATUTORY CONTROLS

Section 4.15(1)(a) requires Council to consider “any relevant environmental planning instruments, draft environmental planning instruments, development control plans, planning agreements and regulations”.

2.1       Hornsby Local Environmental Plan 2013

The proposed development has been assessed having regard to the provisions of the Hornsby Local Environmental Plan 2013 (HLEP).

2.1.1    Zoning of Land and Permissibility

The subject land is zoned R2 Low density residential under the HLEP.  The objectives of the R2 zone are:

·            To provide for the housing needs of the community within a low-density residential environment.

·            To enable other land uses that provide facilities or services to meet the day to day needs of residents.

The proposed development is defined as ‘dwelling house’ and is permissible in the R2 zone with Council’s consent.

2.1.2    Height of Buildings

Clause 4.3 of the HLEP provides that the height of a building on any land should not exceed the maximum height shown for the land on the Height of buildings Map.  The maximum permissible height for the subject site is 8.5m.  The proposal has a maximum height of 9.88m and does not comply with this provision.

The application is supported by a written request pursuant to Clause 4.6 of the HLEP to contravene the maximum height of building development standard, which is discussed below in Section 2.1.2 of this report.

2.1.2.1  Exceptions to Development Standards

The application has been assessed against the requirements of Clause 4.6 of the HLEP.  This clause provides flexibility in the application of the development standard in circumstances where strict compliance with those standards would, in any particular case, be unreasonable or unnecessary or tend to hinder the attainment of the objectives of the zone.

The proposal contravenes the Clause 4.3 Height of Buildings development standard.

The applicant has made a submission in support of the contravention to the development standard in accordance with Clause 4.6 of the HLEP. Clause 4.6 provides that development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating:

(a)        That compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and

(b)        That there are sufficient environmental planning grounds to justify contravening the development standard.

In Initial Action Pty Ltd v Woollahra Municipal Council [2008] NSW LEC 118, Preston CJ clarified the correct approach to dealing with a written request under Clause 4.6 to justify the contravention of a development standard.

In relation to determining the matter under cl 4.6(3)(a), the unreasonable or unnecessary clause, the consent authority must be satisfied that the applicant’s written request adequately addresses the matter as opposed to making its own judgement regarding whether compliance is unreasonable or unnecessary. Additionally, the clause does not require that a non-compliant development should have a neutral or beneficial effect relative to a compliant development.

In relation to determining the matter under cl 4.6(3)(b), the environmental planning grounds clause, non-compliant development is not required to result in a ‘better environmental planning outcome for the site’ relative to a compliant development. Instead, the requirement is only that there are sufficient environmental planning grounds to justify the development standard contravention.

Council must be satisfied that the written request provided by the applicant under Clause 4.6 addresses both the unreasonable and unnecessary test and demonstrates sufficient environmental planning grounds to justify contravening the development standard. These matters are discussed below.

2.1.2.2  Unreasonable or Unnecessary Clause 4.6(3)(a)

There are five common methods by which an applicant can demonstrate that compliance with a development standard is unreasonable or unnecessary in the circumstances of the development. Initially proposed for objections under clause 6 of SEPP 1 in the decision of Wehbe v Pittwater Council [2007] NSWLEC 827 Pearson C summarised and applied these methods to written requests made under Clause 4.6 in Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 1009 [61-62]. These five methods are generally as follows:

·            The objectives of the development standard are achieved notwithstanding non-compliance with the standard.

·            The underlying objective or purpose is not relevant to the development.

·            That the objective would be defeated or thwarted if compliance was required.

·            That the development standard has been virtually abandoned or destroyed by the Council’s own actions in departing from the standard.

·            The zoning of the land is unreasonable or inappropriate.

It is not required to demonstrate that a development meets multiple methods as listed above, and the satisfaction of one can be adequate to demonstrate that the development standard is unreasonable or unnecessary.

The written request prepared by Nigel White, dated 16 September 2023 provides a detailed assessment of the proposal with respect to the development standard sought to be contravened. The request argues that:

·            The development proffers alternative means of achieving the objective of the building height standard by providing an acceptable built form without comprising the amenity of the surrounding area in terms of visual impacts and solar access.

·            The proposal successfully responds to the site circumstances and retains a similar development potential and capacity of other dwellings in the locality.

·            As the development proffers alternative means of achieving the objectives of clause 4.3 based on the site context, strict compliance is unnecessary.

·            There would be no purpose served if strict compliance was required by the consent authority given that the proposed dwelling is consistent with the scale of nearby buildings.

·            As will be detailed in subsequent parts of this request the variation does not manifest in any adverse planning consequences in terms of streetscape, neighbourhood character or amenity (additional overshadowing and loss of privacy).

·            There are no adverse ‘flow on’ adverse environmental impacts arising from the variation in this instance.

·            A compliant development in relation to building height would have a similar performance in regard to overshadowing and bulk/scale. The proposed dwelling design represents a cost effective, orderly and economic outcome for the site.

Figure 1 indicates the extent of the contravention of the height of buildings development standard as highlighted, being 1.38m or 16.23%.

Figure 1: Section plan indicating proposed contravention to height as shown shaded in orange at the first floor balcony balustrade. The green dash line indicates the proposed dwelling prior to amendment of plans.

 

Council notes that the objectives of Clause 4.3 Height of buildings of the HLEP are as follows:

“to permit a height of buildings that is appropriate for the site constraints, development potential and infrastructure capacity of the locality.”

With reference to the reasoning provided by the applicant above, Council does not object to the conclusion that the proposed additions meet the objectives of Clause 4.3. In reaching this conclusion the following points are noted:

·            The site is highly constrained by slope and near-vertical topography. The dwelling siting within the lot has minimised the extent of non-compliance.

·            The extent of the height contravention is confined to a portion of the first floor balcony balustrade, balcony and the parapet feature at the eastern elevation.

·            The dwelling would not be feasible if strict compliance with Clause 4.3 was enforced due to the steep topography.

·            The dwelling house is not visible from the streetscape.

·            The objectives of the standard are achieved notwithstanding non-compliance with the standard.

For the reasons outlined above, it is considered that the written request to contravene the height of building standard adequately demonstrates that the objectives of the Height of Buildings development standard contained within Clause 4.3 of the HLEP are achieved, notwithstanding non-compliance with the standard. As such, the applicant has satisfactorily demonstrated that compliance with the development standard is unreasonable or unnecessary.

2.1.3.2        Environmental Planning Grounds - Clause 4.6(3)(b)

In addition to demonstrating that compliance is unreasonable or unnecessary, Clause 4.6(3)(b) requires that there are sufficient environmental planning grounds to justify contravening the development standard. In demonstrating that sufficient environmental planning grounds exist it must be demonstrated that the planning grounds are particular to the circumstances of the development on the subject site (summarised from Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 1009 [60].

The applicant provided the following planning grounds for the contravention of the development standard:

·            Strict compliance with the building height control in this instance would not achieve any additional architectural integrity or urban design merit of the development, particularly as the excavated part of the rumpus room contributes to the non-compliance.

·            The proposed built form will not be intrusive and will sit well within its site context. Effectively a compliant building height is achieved for the most part of the dwelling.

·            In addition, the Statement of Environmental Effects identifies that there are no adverse amenity impacts arising, which affect existing residential properties or affect the environment.

·            There are no sensitive land uses adjoining the site which will be adversely impacted by the additional building height.

·            An attractive dwelling is proposed which can only benefit the neighbourhood.

Council considers that the environmental planning grounds stated within the written request are sufficient with respect to Clause 4.6(3)(b) and that the stated grounds are specific to the proposed development and the circumstances of the development site. It is therefore considered that the written request adequately demonstrates compliance with the clause and is acceptable in this regard.

In demonstrating the unreasonable and unnecessary test, the applicant further established satisfactory environmental planning grounds with respect to the site and the surrounding constraints.

Council is therefore satisfied that Clause 4.6(3)(b) of the HLEP is adequately addressed.

2.1.3    Public Interest and Clause 4.6(4)

Clause 4.6(4) states that development consent must not be granted for development that contravenes a development standard unless:

(a)     The consent authority is satisfied that:

(i)         The applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and

(ii)        The proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and

(b)       The concurrence of the Planning Secretary has been obtained.

The applicant provided the following response regarding the objectives of the R2 zone in which the development is proposed to be carried out:

·            To provide for the housing needs of the community within a low density residential environment.

Comment: The proposal is consistent with desired housing needs of the locality as defined by the Low density residential zone and will establish an appropriate form of development.

The proposal provides additional housing opportunities for the needs of the community. The building height, scale and massing of the development is considered to be compatible with the evolving and desired built character of the area.

·            To enable other land uses that provide facilities or services to meet the day to day needs of residents.

Comment: Not applicable.

With regard to part (a)(i), the written request is considered to adequately address the matter required to be demonstrated as outlined above.

With regard to part (a)(ii), the proposed development is considered to be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out.

With regard to (b), on 21 February 2018, the Secretary of the Department of Planning and Environment issued a Notice under cl. 64 of the Environmental Planning and Assessment Regulation 2000. The Secretary’s concurrence may not be assumed by a delegate of council if:

·            The development contravenes a numerical standard by greater than 10%.

·            The variation is to a non-numerical standard.

Local Planning Panels constituted under the Environmental Planning and Assessment Act 1979 exercise consent authority functions on behalf of a Council and are not delegates of Council. Therefore, Local Planning Panels may determine a development application notwithstanding, a numerical non-compliance in excess of 10%.

Accordingly, the contravention of the height of buildings development standard is supported in this instance.

2.1.4    Heritage Conservation

Clause 5.10 of the HLEP sets out heritage conservation provisions for Hornsby Shire. 

The site does not include a heritage item and is not located in a heritage conservation area. 

Notwithstanding, Clause 5.10(5) states the following:

“(5)       Heritage assessment The consent authority may, before granting consent to any development—

(a)  on land on which a heritage item is located, or

(b)  on land that is within a heritage conservation area, or

(c)  on land that is within the vicinity of land referred to in paragraph (a) or (b),

require a heritage management document to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned.”

Pursuant to Clause 5.10(5)(c), the subject site is located in the vicinity to Heritage Item No. A27 known as “Original Quarry” at 1069 Pacific Highway, Cowan, sited directly east of the subject site.

The application was referred to Council’s heritage team for comment who raised no objection to the proposed development adjacent archaeological heritage item No. A27 and noted the following:

·            The potential heritage resource is located underground and the DA proposes to excavate within the subject site only.

·            Part 9.4 Development in the Vicinity of Heritage controls does not include controls which relate to sensitive management measures to land adjacent archaeological sites.

·            The heritage listed site has previously been subject to modern infill.

Accordingly, no concerns are raised on heritage grounds with regard to the application and no further assessment regarding heritage is required.

2.1.5    Earthworks

Clause 6.2 of the HLEP states that consent is required for proposed earthworks on site.  Before granting consent for earthworks, Council is required to assess the impacts of the works on adjoining properties, drainage patterns and soil stability of the locality.

Council’s assessment of the proposed works and excavation concludes that the impacts would be negligible. The dwelling and other structures are designed to be consistent with the existing topography of the site to minimise land disturbance.

Minor earthworks, inclusive of cut and fill would be required to accommodate the works. The proposed retaining walls at the south, north and west of the dwelling would aid in stabilising the site. The proposed works would be constructed in accordance with recommendations of the geotechnical report submitted with this application.

The application was referred to Council’s environmental compliance branch who raised no objections to the proposed earthworks, subject to conditions. Further discussion of earthworks is outlined in Part 3.1.4 of this report with reference to the HDCP.

2.2       State Environmental Planning Policy (Biodiversity and Conservation) 2021

The application has been assessed against the requirements of Chapters 2 and 6 of State Environmental Planning Policy (Biodiversity and Conservation) 2021.

2.2.1    Chapter 2 Vegetation in Non-Rural Areas

Chapter 2 of this policy aims to protect the biodiversity and amenity values of trees within non-rural areas of the state.

Part 2.3 of the policy states that a development control plan may make a declaration in any manner relating to species, size, location and presence of vegetation. Accordingly, Part 1B.6.1 of the HDCP prescribes works that can be undertaken with or without consent to trees and objectives for tree preservation.

Section 3.1 of this report provides an assessment in accordance with Part 1B.6.1 of the HDCP.

2.2.2    Chapter 6 Water Catchments

The site is located within the catchment of the Hawkesbury-Nepean River.  The aim of this chapter is to protect the environment of the Hawkesbury-Nepean River system by ensuring that the impacts of development are considered in the regional context.  This chapter contains general planning considerations and strategies requiring Council to consider the impacts of development on water quality, aquaculture, significant vegetation habitats, extraction, environmental heritage and scenic quality, recreation and tourism, and agriculture.

Subject to the implementation of sediment and erosion control measures and stormwater management to protect water quality, the proposal would not impact on the water quality of the catchment and would comply with the requirements of the Biodiversity and Conservation SEPP.

2.3       State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

The application has been assessed against the requirements of State Environmental Planning Policy (BASIX) 2004 which seeks to encourage sustainable residential development.

The proposal includes a BASIX certificate (No. 1385605S_02) in accordance with the requirements of the SEPP including the list of commitments to be complied with at the construction stage and during the use of the premises. The BASIX certificate achieves the minimum scores for thermal comfort, water and energy.

The proposal is acceptable in this regard.

2.4       State Environmental Planning Policy (Resilience and Hazards) 2021

The application has been assessed against the requirements of Chapter 4 of State Environmental Planning Policy (Resilience and Hazards) 2021.

2.4.1    Chapter 4 Remediation of Land

Section 4.6 of the Resilience and Hazard SEPP states that consent must not be granted to the carrying out of any development on land unless the consent authority has considered whether the land is contaminated or requires remediation for the proposed use.

Should the land be contaminated, Council must be satisfied that the land is suitable in a contaminated state for the proposed use. If the land requires remediation to be undertaken to make the land suitable for the proposed use, Council must be satisfied that the land will be remediated before the land is used for that purpose.

An examination of Council’s records and aerial photography has determined that the site has been historically used for residential purposes. It is not likely that the site has experienced any significant contamination, and further assessment under Chapter 4 of the Resilience and Hazards SEPP is not required.

2.5       Section 3.42 Environmental Planning and Assessment Act 1979 - Purpose and Status of Development Control Plans

Section 3.42 of the Environmental Planning and Assessment Act 1979 states that a DCP provision will have no effect if it prevents or unreasonably restricts development that is otherwise permitted and complies with the development standards in relevant Local Environmental Plans and State Environmental Planning Policies. 

The principal purpose of a development control plan is to provide guidance on the aims of any environmental planning instrument that applies to the development; facilitate development that is permissible under any such instrument; and achieve the objectives of land zones.  The provisions contained in a DCP are not statutory requirements and are for guidance purposes only.  Consent authorities have flexibility to consider innovative solutions when assessing development proposals, to assist achieve good planning outcomes.

2.6       Hornsby Development Control Plan 2013

The proposed development has been assessed having regard to the relevant desired outcomes and prescriptive requirements within the Hornsby Development Control Plan 2013 (HDCP).  The following table sets out the proposal’s compliance with the prescriptive requirements of the Plan:

 

HDCP - Part 3.1 Dwelling Houses
Control	Proposal	Requirement	Complies
Site Area (excluding access handle)	1339m2	N/A	N/A
Building Height	8.5m	8.5m	No
No. storeys	3	max. 2 + attic	No
Site Coverage 174m2	13% (174m2)	40% (max. 535.6m2)	Yes
Floor Area	366.6m2	430m2	Yes
Setbacks
-            Western Side
Ground floor	1.2m	900mm	Yes
First floor	3.8m	1.5m	Yes
-            Southern Side
Ground floor	900mm	900mm	Yes
First floor	6.8m	1.5m	Yes
-            Northern Side
Ground floor	3m	900mm	Yes
First floor	5.3m	1.5m	Yes
-            Eastern Rear
Ground floor	26.9m	3m	Yes
First floor	28.6m	8m	Yes
Landscaped Area (40% of lot size)	918m2	535.6m2	Yes
Private Open Space
-            minimum area	>24m2	24m2	Yes
-            minimum dimension	>3m2	3m	Yes
Car Parking	2 spaces	2 spaces	Yes

 

As detailed in the above table, the proposed development generally complies with the prescriptive measures within the HDCP with the exception of building height and number of storeys.  A brief discussion on compliance with relevant performance requirements and Part 1C General Controls is provided below.

2.6.1    Scale

The desired outcome of Part 3.1.1 Scale of the HDCP is to encourage “development with a height, bulk and scale that is compatible with a low density residential environment”.

2.6.1.1  Height

The desired outcome of Part 3.1.1 of the HDCP is supported by the prescriptive measure that states the maximum height of permissible is 8.5m. The non-compliance with the height, which also contravenes Clause 4.3 Height of Buildings development standard is discussed in detail in Section 2.1.2 of this report.

A number of submissions were received concerned of the proposed contravention to the development standard prescribing a maximum building height of 8.5m.

To address concerns regarding the height contravention, amended plans were requested and subsequently received that reduced the proposed height from a maximum of 11.56m to 9.88m.

Furthermore, it is noted that all aspects of the dwelling house comply with the maximum building height with the exception of a portion of the first floor balcony, balustrade and a portion of the parapet on the eastern elevation.

No objections are raised with the proposed maximum building height as discussed in Section 2.1.2 of this report.

2.6.1.2  Building Response to Topography

The desired outcome of Part 3.1.1 of the HDCP is supported by the prescriptive measure that states “buildings should respond to the topography of the site by: minimising earthworks (cut and fill), and siting the floor level of the lowest residential storey a maximum of 1.5 metres above natural ground level”.

The dwelling house proposes the lowest storey to be 2.52m above existing ground level which does not comply with the 1.5m prescriptive measure. Notwithstanding this non-compliance, it is noted that this element of the proposal is constrained by near vertical topography. Compliance in this regard would result in additional earthworks. As such, non-compliance to this prescriptive measure is a more favourable outcome in this instance.

2.6.1.3  Storeys

The desired outcome of Part 3.1.1 of the HDCP is supported by the prescriptive measure that states “sites with the following maximum building heights under Clause 4.3 of the HLEP should comply with the maximum number of storeys in Table 3.1.1(a)”, which prescribes a maximum of 2 storeys.

The application proposes a part two part three storey dwelling house which does not comply with the 2 storeys + attic prescriptive measure.

In assessing impacts of storeys, it is noted that the dwelling house 3 storey design is a more favourable outcome than having the same compliant total floor area within 2 storeys as this reduces the site coverage and further subsequent tree, biodiversity and earthworks impacts. Furthermore, it is noted that one of these storeys is one room reduced in size to reduce earthworks that would be required.

Accordingly, no objections were raised regarding the number of storeys proposed.

2.6.1.4  Roof Design

The desired outcome of Part 3.1.1 of the HDCP is supported by the prescriptive measure that states “low pitched roofs with wide eaves are encouraged for compatibility with streetscape character and sun control”.

The application proposes a dwelling house with a flat roof which does not comply with the above prescriptive measure.

Notwithstanding, it is noted that compliance to this HDCP control would likely result in a contravention of Clause 4.3 Height of Building development standard of the HLEP, of which contravention must demonstrate strict compliance would be considered unreasonable and unnecessary in the circumstances of the case and supported by a well-founded request. Furthermore, it is noted that the site would not be visible from the streetscape.

The proposal meets the desired outcomes of Part 3.1.1 Scale of the HDCP and is considered acceptable.

2.6.2    Sunlight Access

The desired outcomes of Part 3.1.5 Sunlight Access of the HDCP are to encourage “dwelling houses designed to provide solar access to open areas” and “development designed to provide reasonable sunlight to adjacent properties”.

These desired outcomes are supported by prescriptive measures that state “On 22 June, 50 percent of the required principle private open space area [within the subject site and adjoining properties] should receive 3 hours of unobstructed sunlight access between 9am and 3pm”.

A submission was received with respect to sunlight access.

The application included shadow diagrams prepared by Y2 Design Vista Pty Ltd dated 18 April 2022 illustrating overshadowing impacts to the subject site and to adjoining properties. These shadow diagrams demonstrate that each property would continue to receive the minimum three hours of unobstructed sunlight access to 50 percent of the required principle private open space area.

Whilst these plans were prepared supporting the now superseded architectural plans of the dwelling house, the revised dwelling house is within the same building footprint but has since reduced in height and total coverage, thus reducing shadow impacts as shown on the abovementioned shadow diagram.

The proposal meets the desired outcomes of Part 3.1.5 Sunlight Access of the HDCP and is considered acceptable.

2.6.3    Privacy

The desired outcome of Part 3.1.6 Privacy of the HDCP is to encourage “development that is designed to provide reasonable privacy to adjacent properties”.

The desired outcome is supported by the prescriptive measures that state the following:

·            “living and entertaining areas of dwelling houses should be located on the ground floor and orientated towards the private open space of the dwelling house and not side boundaries.”

·            A proposed window in a dwelling house should have a privacy screen if:

o     It is a window to a habitable room, other than a bedroom that has a floor level of more than 1 metre above existing ground level.

o     The window is setback less than 3 metres from a side or rear boundary.

o     The window has a still height of less than 1.5m.

·            A deck, balcony, terrace or the like should be located within 600mm of existing ground level where possible to minimise potential visual and acoustic privacy conflicts.

·            Decks and the like that need to be located more than 600mm of existing ground should not face a window of another habitable room, balcony or private open space of another dwelling within 9 metres of the proposed deck unless appropriately screened.”

The application proposes a family room, lounge room and upper living that do not comply with the prescriptive measure requiring these rooms to be located on the ground floor. These rooms are orientated towards the rear eastern and northern side boundary.

Regarding the family and lounge room, it is noted that elements of this storey are the ground floor (dining, kitchen, garage) and these rooms in subject are not on the ground floor due to the sloped topography. No objections are raised on privacy grounds regarding these two rooms.

Regarding the upper study it is noted that this room is over 9m from the southern side boundary and is orientated towards the rear boundary. The same can be noted for the ground floor lounge room.

Whilst the application proposes windows orientated towards the eastern and southern side boundaries, it is noted that on the first floor, these windows are considered ‘non-active’ rooms such as bedrooms and bathrooms where privacy impacts are not anticipated, and these rooms typically incorporate frosted glazing, curtains or blinds for residents of the subject dwelling. These windows would provide natural light and ventilation to these spaces.

No concerns are raised regarding privacy concerns to the northern side or east of the site due to the existing undeveloped bushlands where no private residencies are located.

Regarding privacy concerns to the east of the dwelling house, it is noted that the proposed dwelling house would be at a lower elevation due to existing sloped topography between sites whereby privacy impacts would be negligible.

The desired outcome is also supported by the prescriptive measure that states “decks and the like that need to be located more than 600mm of existing ground should not face a window of another habitable room, balcony or private open space of another dwelling within 9 metres of the proposed deck unless appropriately screened.”

Three balconies are proposed that exceed 600mm from existing ground level which does not comply with the abovementioned prescriptive measure.

In assessing the privacy impacts of this prescriptive measure with regard to the southern elevation, it is noted that the ground floor balcony would be used for passive access to the front entrance. Due to the reduced width on the southern elevation, increased distance between the adjoining property’s private open space and orientation towards the rear boundary, privacy concerns are considered negligible in this regard.

Regarding the balcony adjacent Bedroom 3 on the upper storey, given this balcony would be reduced in size and ancillary to a non-entertaining room, no objections are raised on privacy grounds to this balcony.

Regarding the upper level balcony adjacent the living space, it is noted that the majority of this balcony is over 9m from the southern site boundary and over 9m from the adjoining property private open space. Given this balcony is also orientated towards the rear, no concerns are raised on privacy grounds in this respect.

A submission was received regarding potential adverse privacy impacts.

In response, the abovementioned discussion suitably addresses privacy concerns raised in the submission.

On balance, the proposal meets the desired outcomes of Part 3.1.6 Privacy of the HDCP and is considered acceptable.

2.6.4    Vehicular Access and Parking

The desired outcome of Part 3.1.7 Vehicle Access and Parking of the HDCP is to encourage “development that provides sufficient and convenient parking for residents with vehicular access that is simple, safe and direct.”

This is supported by the prescriptive measure which states that “car parking for dwelling houses should be provided behind the front building line.”

The application proposes a double garage forward of the proposed dwelling house which does not comply with the abovementioned prescriptive measure.

In support of this non-compliance, it is noted that the site is significantly constrained by the topography of the land falling steeply to the east. Compliance with this prescriptive measure would result in an increased building footprint and would likely result in additional associated impacts. Furthermore, the dwelling house would not be visible from the streetscape.

The proposal meets the desired outcomes of Part 3.1.7 Vehicle Access and Parking of the HDCP and is considered acceptable.

2.6.5    Views

The desired outcome for Part 3.1.8 Design Details of the HDCP is to encourage “development compatible with a low density residential environment that complements the zone objectives”.

This is supported by the prescriptive measure that states “development should allow for the reasonable sharing of significant views, including water views and iconic views, in particular views that have not already been obscured; views from front and rear boundaries whilst in a standing position and views from living and entertainment areas”.

Multiple submissions were received regarding impacts to views.

Sections 3.1.8.(g) and (h) of the HDCP outline the prescriptive measures for view sharing.  In assessing this objection, it is noted that whilst the proposal would be visible from the adjacent properties, views to, and from, these properties are considered to be neither significant or iconic.

The proposal meets the desired outcomes of Part 3.1.8 Design Details of the HDCP and is considered acceptable.

2.6.6    Waste Management

Due to the constraints of the site, a condition is recommended in Schedule 1 of this report requiring the submission of a detailed Construction Management Plan (CMP) to be submitted and approved by Council prior to the issue of a Construction Certificate.

Submissions were received which raised concerns to the impact of earthworks and sediment and erosion control measures.

The CMP would be required to address how parking, storage of materials, noise and vibration, dust, earthworks and sediment and erosion control would be addressed during construction of the dwelling house and the CMP is required to be approved by Council prior to the issue of the Construction Certificate.

2.7       Contributions Plans

Hornsby Shire Council Section 7.12 Contributions Plan 2019-2029 applies to the development as the estimated costs of works is greater than $100,000.  Should the application be approved, an appropriate condition of consent is recommended requiring the payment of a contribution in accordance with the Plan.

3.         ENVIRONMENTAL IMPACTS

Section 4.15(1)(b) of the Act requires Council to consider “the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality”.

3.1       Natural Environment

3.1.1    Tree Preservation

The prescriptive measures of Part 1B.6.1 Tree Preservation of the HDCP state that:

a)         “the prescribed trees that are protected by the Vegetation SEPP and/or Clause 5.10 of the HELP and this section of the DCP include:

·            All trees except exempt tree species in Hornsby Shire as listed in Table 1B.6 (a) or subject to a Biodiversity Offset Scheme.

·            All trees on land within a heritage conservation area described within the HLEP, and

·            All trees on land comprising heritage items listed within the HLEP.

b)         To damage or remove any tree protected under the HDCP is prohibited without the written consent of Council, except in accordance with the exemptions prescribed in this part (under the heading ‘Exempt Tree Work’).”

The application is supported by an Arboricultural Impact Assessment (AIA) prepared by Seasoned Tree Consulting dated 4 April 2023 which provides an assessment of 79 trees in the vicinity to proposed works.

The proposed development would necessitate the removal of 37 trees from the site, 20 of which are categorised as ‘Z’ which are unimportant trees not worthy of being a material constraint. Several of these trees are identified to be in a declining or dead state or contain defects detrimental to long term viability. All other trees would be unable to be retained due to unacceptable encroachment into the Tree Protection Zone (TPZ) that would make retention feasible.

Council’s assessment of the proposal included a detailed examination of the existing trees on site and relevant supporting documentation, inclusive of the AIA.

As the AIA recommended root investigation may be required along the designed driveway and retaining walls within the TPZ and Structural Root Zone (SRZ) of Trees No. 10, 15, 18, 20, 21, 22 and 23, root mapping was subsequently requested by Council.

The Root Mapping report prepared by Seasoned Tree Consulting dated 28 August 2023 indicated that these trees could be viably retained through construction sensitive methodology.  The application was re-referred to Council’s Tree Management Officer who raised no objection to the proposal, subject to conditions requiring tree protection measures and sensitive construction techniques for the works including the requirement for the works to be overseen by a project arborist.

Further assessment of biodiversity impacts is discussed below in Section 3.1.2 of this report.

Given the extent of trees within the site, to construct a dwelling house it is inevitable that removal of some trees within the site is necessary to facilitate development. It is noted that the previous consent granted approval for a dual occupancy (detached) on the site, which would have resulted in a greater environmental impact. As such, the proposal for one dwelling house is considered the more favourable outcome in this instance.

It is considered that the removal of the trees is acceptable in the circumstances of the case due to the reasons mentioned above. No requirement for replacement tree planting is recommended in this instance as the site is at high risk of bushfire, with a Bushfire Attack Level (BAL) rating of BAL-Flame Zone.

3.1.2    Biodiversity

The desired outcomes of Part 1C 1.1 Biodiversity of the HDCP are to encourage “development that provides for the conservation of biodiversity including threatened species and populations, endangered ecological communities, remnant indigenous trees, regionally and locally significant terrestrial and aquatic vegetation” and “development that maintains habitat for native wildlife and wildlife corridors to provide for the movement of fauna species”.

This Biodiversity Development Assessment Report (BDAR) has been prepared because 45% (529m²) of the development footprint is on land that is shaded on the Biodiversity Values Map (BVM) as shown in Figure 2 below. Consequently, the Biodiversity Offset Scheme (BOS) is triggered for the proposed development.

Figure 2: BVM Mapping located within the site relative to the proposed dwelling design footprint.

 

A number of submissions were received concerning adverse biodiversity impacts and matters raised in the submitted Biodiversity Assessment Report (BDAR).

The application was referred to Council’s Natural Resource Team who noted the site for the proposed dwelling and associated Asset Protection Zone (APZ) generally encompasses highly disturbed bushland. Concerns were also raised in regard to the submitted BDAR. An amended BDAR was requested to address these concerns to comply with the requirements of the NSW Biodiversity Conservation Regulation 2017.

Upon receipt of the amended BDAR prepared by SIA Ecological & Environmental Planning dated 3 August 2023, the application was re-referred to Council’s Natural Resource Team. Assessment of all relevant supporting documentation and a site inspection confirmed the native vegetation within the site for the proposed dwelling is considered to be in a highly degraded condition. Native vegetation in better condition occurs immediately downslope of the proposed development at the interface of the proposed APZ.  The total area of impact was considered to be 0.1ha.

Given outstanding concerns with the supporting documentation were addressed by the revised BDAR, no objections were raised on biodiversity grounds to the proposal, subject to conditions.

3.1.3    Stormwater Management

The desired outcomes of Part 1C 1.2 Stormwater Management of the HDCP are to encourage “development that protects waterways from erosion, pollution and sedimentation, and maintains or improves water quality and aquatic habitats” and “water management systems that minimise the effects of flooding and maintains natural environmental flows”.

The application proposes to dispose of stormwater via an absorption trench downhill and east of the proposed dwelling house as shown in the Stormwater Plan prepared by Allied Consultants dated 3 August 2023 (Revision C).

An amended stormwater management plan was requested to address concerns additional adverse tree impacts would occur to facilitate development of the stormwater trench.

The application was referred to Council’s Environmental Protection Team and development engineer who raised no objections to the proposal, subject to conditions.

3.1.4    Earthworks

Provisions of Clause 6.2 Earthworks of the HLEP are supplemented by the following HDCP controls.

The desired outcomes of Part 1C.1.4 – Earthworks and Slope of the HDCP are to encourage “development that is designed to respect the natural landform characteristics and protects the stability of the land” and “development that limits landform modification to maintain the amenity of adjoining properties and streetscape character”.

The application is supported by a Geotechnical Report prepared by Eswnman dated 24 July 2023.

Earthworks proposed to facilitate development are identified in the Cut and Fill Plan prepared by Y2 Design Vista dated 19 July 2023.

3.1.4.1         Excavation

The desired outcome of Part 1C.1.4 Earthworks of the HDCP is supported by the prescriptive measure which states “excavation that extends outside of the building platform should be limited to a depth of 1 metre from the existing ground level, unless the excavation is required to:

•        Achieve a high-quality built form, or

•        Provide for safe vehicular access to the site, and

•        It maintains the amenity of adjoining properties and the desired streetscape character.”

A submission was received concerning earthworks proposed.

The application seeks consent for excavation up to a maximum of 3.8m depth which does not comply with the 1m prescriptive measure.

Notwithstanding the non-compliance, the steep and near-vertical topography of the site contributes to the requirement for earthworks. The 3.8m cut is confined to the west of the lowest storey. Most other areas requiring cut comply with the 1m prescriptive measure, with the exception of four areas of the dwelling house to the north ranging between 1140mm and 1750mm of cut.

The application and the associated geotechnical report were referred to Council’s Environmental Protection Team and development engineer for review and no objections were raised to the proposal, subject to conditions.

3.1.4.2  Fill

The desired outcome of Part 1C.1.4 Earthworks of the HDCP is supported by the prescriptive measure which states, “Earthworks involving filling should not exceed 1 metre in height from the existing ground level” and “filling or excavation should not occur on or adjacent to, or have adverse impacts on sensitive environments, such as watercourses*, riparian land, wetlands, bushland, or significant vegetation”.

Two sections identified on the cut and fill plan require fill up to 1350mm and 1850mm which does not comply with the 1m prescriptive measure.

As noted above in Section 3.1.4.1, due to the site being constrained by slope and near vertical topography, some earthworks are necessary to support a dwelling house. The fill would be supported by retaining walls proposed to the west, east and south of the dwelling.

Regarding potential environmental impacts, the application was referred to Council’s natural resource unit and environmental Protection Team who raised no objections to the proposal, subject to conditions.

3.2       Built Environment

3.2.1    Built Form

The proposed built form non-compliances have been discussed in Sections 2.1.1 and 2.1.3 of this report. The proposal is considered appropriate with regard to the existing site constraints.

3.3       Social Impacts

The residential development would improve housing choice in the locality by providing a range of household types.  This is consistent with Council’s Housing Strategy which identifies the need to provide a mix of housing options to meet future demographic needs in Hornsby Shire.

The development delivers one additional dwelling in an area close to public transport, recreation and shops and contributes to the goals of the National Housing Accord 2022 by improving housing supply which would have a positive social impact.

3.4       Economic Impacts

The proposal would have a minor positive impact on the local economy in conjunction with other new low density residential development in the locality by generating an increase in demand for local services.

4.         SITE SUITABILITY

Section 4.15(1)(c) of the Act requires Council to consider “the suitability of the site for the development”.

4.1       Flood Risk

The subject site has not been identified as flood prone land.  The site is considered to be capable of accommodating the proposed development.  The scale of the proposed development is consistent with the capability of the site and is considered acceptable.

4.2       Bushfire Risk

The land is identified as being subject to bushfire risk as the site is located on bushfire prone land.

The desired outcomes of 1C.3.1 Bushfire of the HDCP are to encourage “development that is located and designed to minimise the risk to life and property from bushfires” and “development that balances the conservation of native vegetation and bushfire protection”.

These desired outcomes are supported by the prescriptive measure that states “development on land identified as bushfire prone on Council’s Bushfire Prone Land Map should address the bush fire protection measures in the publication ‘Planning for Bushfire Protection (2019)’.”

As outlined in the Bushfire Assessment Report prepared by a Bushfire Planning & Design (BPAD) accredited practitioner of Sydney Bushfire Consultants dated 22 November 2022, the highest Bushfire Attack Level (BAL) rating of the proposal within the subject site is identified as BAL-FZ (Flame Zone). Due to proximity to bushfire source, the application was referred to the NSW Rural Fire Service (RFS) in accordance with Section 4.14 (1A) of the Environmental Planning and Assessment Act 1979 for comment.

No objections were raised by the RFS regarding the proposed development, subject to conditions.

5.         PUBLIC PARTICIPATION

Section 4.15(1)(d) of the Act requires Council to consider “any submissions made in accordance with this Act”.

5.1       Community Consultation

The proposed development was placed on public exhibition and was notified to adjoining and nearby landowners between 19 June 2023 and 3 July 2023 in accordance with the Hornsby Community Engagement Plan.  During this period, Council received 11 submissions, of which nine submissions are unique.  The map below illustrates the location of those nearby landowners who made a submission that are in close proximity to the development site.

 

NOTIFICATION PLAN
•      PROPERTIES NOTIFIED	X      SUBMISSIONS RECEIVED	PROPERTY SUBJECT OF DEVELOPMENT
2 SUBMISSIONS RECEIVED OUT OF MAP RANGE

 

A total of nine unique submissions were received with respect to the application. Six submissions were by way of objection, one submission was neutral. One of the six objections was received from two separate properties and one of these submissions was signed by three people.

The key concerns raised were:

·            Development that is excessive in bulk, scale and height.

·            The removal of trees and biodiversity impacts.

·            Concerns surrounding driveway access.

Two submissions received were neutral to the development and made the following observations:

One neutral submission received requested transfer of Chandler Avenue and local roads in the vicinity to the management and authority of Hornsby Shire Council. The submission regarding transfer of the road reserve from Crown Land to Council has no relevance to the proposal and was referred to Council’s Land and Property Services unit for further consideration.

One other neutral submission raised no objections to the development, however raised concerns of run-off during construction and the integrity of the Erosion and Sediment Control Plan (ESCP). It is noted that similar concerns were also raised by Council and a revised ESCP was requested and subsequently received. No objections were raised by Council regarding the revised ESCP.

The merits of the matters raised in community submissions have been addressed in the body of the report with the exception of the following matters:

5.1.1    Steep Driveway and Access

Multiple submissions were received noting concerns of the steep driveway and vehicular access.

The application was referred to Council’s Environmental Protection Team who requested a construction management plan, which was subsequently provided by the applicant.

The application was re-referred to Council’s Environmental Protection Team who raised no objections to the proposal, subject to conditions.

5.1.2    Tree Impacts

A submission was received concerning tree impacts of the driveway to a number of trees on the adjoining property at Lot No. 305, known as No. 22 Chandler Avenue.

In response, the application was referred to Council’s Tree Management Team for assessment who noted these concerns and requested root mapping, as recommended in the AIA.

A Root Mapping Report was subsequently submitted to Council, indicating that the trees on the subject could be successfully retained ensuring long term viability through the use of sensitive construction methodology. Tree impacts are discussed further in Section 3.1. of this report.

5.1.3    Safety and Construction Management Plan

A submission was received regarding impacts to pedestrian safety, requirement for a Safety Management Plan and Construction Management Plan (CMP)

In response, the application was referred to Council’s Environmental Protection unit who requested a preliminary construction management plan (PCMP). No objections were raised regarding this PCMP, subject to conditions of submission of a Construction Management Plan (CMP) before issue of a construction certificate. The CMP must be prepared by a suitably qualified consultant in consultation with a qualified traffic engineer and submitted to Council for review. The CMP assists with the protection of the public, the environment, and Council’s assets during all stages of construction works

Furthermore, safety concerns are addressed by the principal contractor pursuant to the WHS Act of NSW. All contractors on site obligated to have white card and adhere to relevant construction requirements and legislation.

5.1.4    Obstruction of Driveway

A submission was received concerning obstruction of the driveway during construction.

In response, arrangements between usage of the right of way is a civil matter to be arranged between residents burdened and benefitted by the access carriageway as identified under the s88B instrument. Notwithstanding, a condition is recommended in Schedule 1 of this report to maintain access for adjacent neighbours who benefit from the right of carriageway within the subject site.

Ongoing disputes regarding driveway accessibility between neighbours may be resolved through mediation at the New South Wales Community Justice Centre.

5.1.5    Not Fitting In With Character

Multiple submissions were received concerned that the proposed dwelling does not align with local character, including the bushland setting.

In response, the application is subject to a merit based assessment under Part 3.1.1 Scale of the HDCP that is supported by various prescriptive measures pertaining to height, number of storeys, roof design, site coverage and floor area.

5.1.6    Alternative Design Approach

Multiple submissions were received suggesting an alternative design approach should be considered to reduce impacts of the development.

In response, concerns of bulk and scale were raised and amended plans were submitted by the applicant that reduced the overall building footprint and subsequent impacts of scale, height and associated earthworks required.

5.1.7    Engagement with Ecological Experts

A submission was received suggesting engagement with ecological experts.

In response, the application is supported by a BDAR prepared by a suitably qualified person which was assessed by Council’s Natural Resource Team to assess ecological impacts which are discussed in the body of the report.

5.1.8    Notification

A submission was received noting that the notification sign compliant with the relevant requirements was not evident.

In response, photographic evidence of the notification sign that included an updated notification close date displayed in accordance with Part 1B.5.2 Notification of Applications of the HDCP was received.

5.1.9    Traffic and Road Blockages

Two submissions were received concerning increased traffic congestion.

In response, a traffic report is not required for the construction of a single dwelling house in accordance with State Environmental Planning Policy Transport and Infrastructure 2021. No concerns are raised regarding traffic in this instance.

5.1.10   Vehicles blocking Chandler Avenue.

A submission was received concerning cars and trucks blocking Chandler Avenue.

In response, vehicles blocking Chandler Avenue is not a consideration for the purposes of development assessment and can be addressed via the NSW Road Rules. Notwithstanding, it is noted that a Construction Management Plan (CMP) is required prior to obtaining the Construction Certificate to document construction measures to protect the public and the surrounding environment.

5.1.11   Land Instability

A submission was received regarding potential for land instability.

In response, the application is supported by a Geotechnical Report prepared by Eswnman, dated 24 July 2023. The application was referred to Council’s development engineer who raised no objections to the proposed development, subject to conditions.

One of these conditions relates to the requirement for a dilapidation report to record the condition of adjoining properties and public land to resolve any dispute over damage from works.

5.1.12   Vehicle Access through Adjoining Properties

A submission was received regarding vehicular access for construction requiring access through adjoining properties or through Crown land.

In response, vehicular access to the site would be via the existing shared driveway that is benefited by the site as indicated in the s88B instrument pursuant to the Conveyancing Act 1919. No owners consent is required to be obtained for access through any other adjoining property, including Crown Lands.

5.1.13   Run-Off into Kimmerikong Creek

Two submissions received relate to concerns of construction run-off not appropriately contained and potential for run-off into Kimmerikong creek.

In response, due to concerns raised by the originally submitted Erosion and Sediment Control Plan (ESCP), an amended ESCP was requested from the applicant and subsequently supplied. The application was re-referred to Council’s Environmental Protection Team who raised no objection to the proposed development and supporting documentation.

A suitable condition is recommended requiring compliance to the Blue Book. Compliance to all conditions is the responsibility of the nominated certifier.

5.1.14   Unauthorised Works at a Separate Site

A submission was received regarding unauthorised works at a site other than the subject site No. 24 Chandler Avenue.

In response, it is recommended that should the objector wish, they lodge a service request via Council’s website and include any relevant details and supporting evidence for Council’s Compliance Team to investigate and appropriately respond to.

5.1.15   Integrity of the Biodiversity Assessment Report (BDAR)

A submission was received objecting to certain sections of the submitted BDAR.

In response, the application was referred to Council’s Natural Resources unit who also raised concerns with the submitted BDAR and subsequently requested that this be amended.

Upon receipt of the amended BDAR from the applicant, the application was re-referred to Council’s Natural Resource unit and no objections were raised regarding the BDAR.

5.1.16   Shape and Colour of the Dwelling House

A submission was received regarding the proposed shape and colour of the dwelling house and the incompatibility with the surrounding environment.

In response, the colour of a structure is not a planning consideration under Council’s relevant planning controls, and assessment of materials was not required on heritage grounds as no concerns were raised regarding the adjacent heritage listed quarry.

5.1.17   Flat Roof and Potential for Fourth Storey

Multiple submissions were received concerning the flat roof. One submission raised concerns of potential for fourth storey.

In response, the flat roof is proposed to assist in reducing bulk and scale impacts. No fourth storey, or access to the roof is proposed under this consent. No objections are raised regarding the parapet roofs.

Furthermore, it is further noted that the contravention to the maximum building height is not contributed by the roof or parapet walls but is of part of the first floor balcony and balustrade as this is sited directly over near vertical topography.

5.1.18   Requirement for Dilapidation Report

A submission was received requesting the requirement for a dilapidation report for the entire driveway.

In response, a suitable condition requiring submission of a dilapidation report is included under Schedule 1 for assessment of impacts to adjoining private properties, No. 22 and 26 Chandler Avenue. Regarding the driveway, potential for vehicular damage is not a matter of consideration for the purposes of development assessment. As previously noted, a construction management plan is also required to address potential construction and safety concerns.

5.1.19   Risk of Slippery Driveway

A submission was received concerning the potential for a slippery driveway.

In response, safety concerns are addressed by the principal contractor pursuant to the WHS Act of NSW. Furthermore, a CMP is required to be prepared and assessed by Council prior to the issue of a construction certificate.

5.1.20   Bond for Maintenance of Driveway / Concerns of Heavy Vehicles

A submission was received requesting a significant bond on the maintenance of the driveway servicing Lot No. 305 and the subject site Lot No. 304 and concerns of heavy vehicles

In response, this is not a matter of consideration for development assessment and is considered a civil matter between properties. The section of driveway utilised by both Lots 304 and 305 is burdened by Lot 305 and benefited by Lot 305 as identified on the s88B instrument pursuant to the Conveyancing Act 1919.

Disputes regarding the shared access carriageway should be resolved privately between relevant property owners. Ongoing disputes may be resolved through mediation at the Community Justice Centre of NSW.

5.1.21   Transition between Driveway Section

A submission was received concerning the detail between transitions along the driveway sections.

In response, the application was referred to Council’s development engineer who raised concerns of insufficient evidence in this regard and requested that this detail be submitted to Council. This evidence was submitted to Council’s development engineer who raised no objections to the proposed development, subject to conditions.

5.1.22   Relocation of Verandah to Northern Side

A submission was received suggesting relocation of the balconies towards the northern dwelling façade.

In response, privacy impacts are assessed in detail in Section 2.6.3. It is further noted that a proposed verandah already exists at the northern elevation.

5.1.23   Site Coverage

A submission raises concerns of inclusion of the access handle as part of total site area calculations.

In response, it is acknowledged that calculations provided by the applicant incorrectly contain the access handle. Council have assessed compliance to relevant HDCP controls, including site coverage based off a site area which excludes the area of the access handle.

5.2       Public Agencies

The development application was referred to the following Agencies for comment:

5.2.1    Rural Fire Service

The application was referred to the New South Wales Rural Fire Service (NSW RFS) in accordance with Section 4.14 (1A) of the Environmental Planning and Assessment Act 1979 due to the high bushfire risk of the site.

No objections were raised by the NSW RFS, subject to conditions. Bushfire impacts have been discussed in detail in Section 4.1 of this report.

6.         THE PUBLIC INTEREST

Section 4.15(1)(e) of the Act requires Council to consider “the public interest”.

The public interest is an overarching requirement, which includes the consideration of the matters discussed in this report.  Implicit to the public interest is the achievement of future built outcomes adequately responding to and respecting the future desired outcomes expressed in environmental planning instruments and development control plans.

The application is considered to have satisfactorily addressed Council’s and relevant agencies’ criteria and would provide a development outcome that, on balance, would result in a positive impact for the community.  Accordingly, it is considered that the approval of the proposed development would be in the public interest.

CONCLUSION

The application proposes construction of a dwelling house and ancillary works.

The development generally meets the desired outcomes of Council’s planning controls and is satisfactory having regard to the matters for consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979.

Council received nine submissions during the public notification period. The matters raised have been addressed in the body of the report.

Having regard to the circumstances of the case, approval/refusal of the application is recommended.

The reasons for this decision are:

·            The request under Clause 4.6 of Hornsby Local Environmental Plan 2013 to contravene the Clause 4.3 Height of Building development standard is well founded. Strict compliance with the development standard is considered unreasonable and unnecessary in the circumstances of the case and sufficient environmental planning grounds have been submitted to justify the contravention to the development standard.

·            The proposed development generally complies with the requirements of the relevant environmental planning instruments and the Hornsby Development Control Plan 2013.

·            The proposed development does not create unreasonable environmental impacts to adjoining development with regard to visual bulk, solar access, amenity or privacy.

Note:  At the time of the completion of this planning report, no persons have made a Political Donations Disclosure Statement pursuant to Section 10.4 of the Environmental Planning and Assessment Act 1979 in respect of the subject planning application.

 

 

Cassandra Williams Major Development Manager - Development Assessments Planning and Compliance Division

Rod Pickles Manager - Development Assessments Planning and Compliance Division

 

 

 

 

Attachments:

1.	Clause 4.6
2.	Architectural Plans

 

 

File Reference:          DA/464/2023

Document Number:    D08736771

 

SCHEDULE 1

1.         Approved Plans and Supporting Documentation

a)         The development must be carried out in accordance with the plans and documentation listed below and endorsed with Council’s stamp, except where amended by Council and/or other conditions of this consent:

Approved Plans

Plan No.	Plan Title	Drawn by	Dated	Council Reference
DRW. No. 1/10	Site & Site Analysis Plan	Y2 Design Vista Pty Ltd	20.09.2023
DRW. No. 2/10	Proposed Lower Floor Plan	Y2 Design Vista Pty Ltd	20.09.2023
DRW. No. 3/10	Proposed Ground Floor Plan	Y2 Design Vista Pty Ltd	20.09.2023
DRW. No. 4/10	Proposed First Floor Plan	Y2 Design Vista Pty Ltd	20.09.2023
DRW. No. 5/10	Proposed Foor Plan	Y2 Design Vista Pty Ltd	20.09.2023
DRW. No. 6/10	Elevations (South and North)	Y2 Design Vista Pty Ltd	20.09.2023
DRW. No. 7/10	Elevations (East and West)	Y2 Design Vista Pty Ltd	20.09.2023
DRW. No. 8/10	Section A-A & B-B	Y2 Design Vista Pty Ltd	20.09.2023
DRW. No. 9/10	Section C-C	Y2 Design Vista Pty Ltd	20.09.2023
DRW. No. 10/10	Elevations (With Retaining Wall Details From Boundary Line)	Y2 Design Vista Pty Ltd	20.09.2023
DRW. No. 24 CHAN-CW-1, Rev. B	Vehicular Crossing And Driveway Civil Layout Part A	Allied Consultants	08.10.2023
DRW. No. 24 CHAN-CW-2, Rev. B	Vehicular Crossing And Driveway Civil Layout Part B	Allied Consultants	08.10.2023
DRW. No. 24 CHAN-CW-3, Rev. B	Proposed Driveway Longitudinal Section	Allied Consultants	08.10.2023
DRW. No. 24 CHAN-CW-4, Rev. B	Proposed Driveway Edge A Longitudinal Section; Proposed Driveway Edge B Longitudinal Section	Allied Consultants	08.10.2023

Supporting Documentation

Document Title	Prepared by	Dated	Council Reference
BASIX Certificate No. 1385605S_02	Elam Eco Design	26.04.2023	D08664493
Waste Management Plan	Y2 Design Vista	29.09.2023	D08740228
Survey Plan Ref: 19036_DET_1A Rev A	Survey Plus	22.12.2021	D08664492
Bushfire Assessment Report Ref: 79BA-2607	Sydney Bushfire Consultants	22.11.2022	D08664496
NSW RFS Determination Letter DA20230606002425-Original-1	NSW Rural Fire Service	08.06.2023	D08666351
Biodiversity Development Assessment Report	SIA Ecological & Environmental Planning	03.08.2023	D08704057
Preliminary Construction Management Plan WEC135.CMP_v1.0	Waratah Environmental Consulting	04.08.2023	D08704058
Geotechnical Report Ref: ESWN-PR-2023-1830	Eswnman Pty Lty	24.07.2023	D08704061
Arboricultural Impact Assessment Rev 001	Seasoned Tree Consultancy	06.06.2023	D08664481
Stormwater Plan & Details (Rev. C) Dwg 24CHAN-HYD-1 to 24CHAN-HYD-4	Allied Consultants	03.08.2023	D08704063
Root Investigation Report Rev 001	Seasoned Tree Consulting	28.08.2023	D08723815
Sediment Control Plan & Details (Issue A) Dwg 24CHAN-SC-1	Allied Consultants Pty Ltd	03.08.2023	D08704071

Reason: To ensure all parties are aware of the approved plans and supporting documentation that apply to the development.

2.         Construction Certificate

1.         A Construction Certificate is required to be approved by Council or a Principal Certifier prior to the commencement of any construction works under this consent.

2.         The Construction Certificate plans must be consistent with the Development Consent plans.

Reason: To ensure that detailed construction certificate plans are consistent with the approved plans and supporting documentation.

3.         Section 7.12 Development Contributions

1.         In accordance with Section 4.17(1) of the Environmental Planning and Assessment Act 1979 and the Hornsby Shire Council Section 7.12 Development Contributions Plan 2019-2029, $11,000.00 must be paid towards the provision, extension or augmentation of public amenities or public services, based on development costs of $1,100,000.00

2.         The value of this contribution is current as of 28 September 2023. If the contributions are not paid within the financial quarter that this consent is granted, the contributions payable will be adjusted in accordance with the provisions of the Hornsby Shire Council Section 7.12 Development Contributions Plan and the amount payable will be calculated at the time of payment in the following manner:

$CPY	=			$CDC  x CPIPY
				CPIDC

Where:

$C_PY       is the amount of the contribution at the date of Payment.

$C_DC       is the amount of the contribution as set out in this Development Consent.

CPI_PY      is the latest release of the Consumer Price Index (Sydney – All Groups) at the date of Payment as published by the ABS.

CPI_DC      is the Consumer Price Index (Sydney – All Groups) for the financial quarter at the date of this Development Consent.

3.     The monetary contributions shall be paid to Council:

a.         Prior to the issue of the Subdivision Certificate where the development is for subdivision.

b.         Prior to the issue of the first Construction Certificate where the development is for building work.

c.         Prior to issue of the Subdivision Certificate or first Construction Certificate, whichever occurs first, where the development involves both subdivision and building work.

d.         Prior to the works commencing where the development does not require a Construction Certificate or Subdivision Certificate.

Note: Should the cost of works increase at Construction Certificate stage, a revised contribution amount will be calculated in accordance with the Hornsby Shire Council Section 7.12 Development Contributions Plan.

Note:  It is the professional responsibility of the Principal Certifying Authority to ensure that the monetary contributions have been paid to Council in accordance with the above timeframes.

Note: In accordance with Ministerial Directions, the payment of contribution fees for development with a cost of works of over $10 million can be deferred to prior to Occupation Certificate.

Note:  The Hornsby Shire Council Section 7.12 Development Contributions Plan may be viewed at www.hornsby.nsw.gov.au or a copy may be inspected at Council’s Administration Centre during normal business hours.

Reason: To address the increased demand for community infrastructure resulting from the approved development.

4.         Retaining Walls

To ensure the stability of the site, structural details of all required retaining walls must be submitted with the application for the Construction Certificate.

Reason: To ensure the stability of the site and adjoining properties.

5.         Removal of Trees

1.         This development consent permits the removal of trees numbered 11, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 62, 63, 65, 72, 73, 74, 75, 76, 77, 78, 79 as identified on page 31 of Appendix 1A contained in the Arboricultural Impact Assessment prepared by Seasoned Tree Consultancy dated 6/6/2023.

2.         No consent is granted for the removal of trees numbered 1, 2, 3, 4 ,5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26 ,27, 28, 29, 30, 31, 32, 59, 60, 61, 64, 66, 67, 68, 69, 70, 71, as these trees contribute to the established landscape amenity of the area.

Note:  The removal of any other trees from the site requires separate approval by Council in accordance with Part 1B.6 Tree and Vegetation Preservation of the Hornsby Development Control Plan, 2013 (HDCP).

Reason: To identify only those trees permitted to be removed.

6.         Compliance with Other Department, Authority or Service Requirements

The development must be carried out in compliance with all recommendations and requirements, excluding general advice, within the following:

Other Department, Authority or Service	Document Title/ Ref	Dated	Council Reference
NSW Rural Fire Service	Determination Letter Reference No. DA20230606002425-Original-1	08.06.2023	D08666351

(Note: For a copy of the above referenced document/s, please see Application Enquiry System on Council’s website www.hornsby.nsw.gov.au)

Reason: To ensure the work is carried out in accordance with the determination and the statutory requirements of other departments, authorities or bodies.

7.         Building Code of Australia

Detailed plans, specifications and supporting information is required to be submitted to the certifying authority detailing how the proposed building work achieves compliance with the National Construction Code - Building Code of Australia.  All building work must be carried out in accordance with the requirements of the National Construction Code - Building Code of Australia.

Reason: Prescribed condition - EP&A Regulation section 69(1).

8.         Contract of Insurance (Residential Building Work)

Where residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, this contract of insurance must be in force before any building work authorised to be carried out by the consent commences.

Reason: Prescribed condition EP&A Regulation section 69(2).

9.         Notification of Home Building Act 1989 Requirements

Residential building work within the meaning of the Home Building Act 1989 must not be carried out unless the principal certifying authority for the development to which the work relates (not being Council) has given Council written notice of the following information:

1.         In the case of work for which a principal contractor is required to be appointed:

a.         The name and licence number of the principal contractor.

b.         The name of the insurer by which the work is insured under Part 6 of that Act.

2.         In the case of work to be done by an owner-builder:

a.         The name of the owner-builder.

b.         If the owner-builder is required to hold an owner-builder’s permit under that Act, the number of the owner-builder’s permit.

Note:  If arrangements for doing the residential building work are changed while the work is in progress so that the information notified becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being Council) has given Council written notification of the updated information.

Reason: Prescribed condition EP&A Regulation section 71(2) and (3).

10.       Sydney Water – Approval

This application must be submitted to Sydney Water for approval to determine whether the development would affect any Sydney Water infrastructure, and whether further requirements are to be met.

Note:  Building plan approvals can be obtained online via Sydney Water Tap In^TM through www.sydneywater.com.au under the Building and Development tab.

Reason: To ensure the development is provided with the relevant utility services.

11.       Dilapidation Report

1.         Prior to the commencement of any works on site, the applicant must submit for approval by the Principal Certifier (with a copy forwarded to Council) a ‘Dilapidation Report’ detailing the structural condition of the adjoining properties:

a.         Lot 302 DP 778653 No. 28 Chandler Avenue

b.         Lot 305 DP 778653 No. 22 Chandler Avenue

2.         The report must include a photographic survey of the adjoining properties detailing their physical condition, both internally and externally, including such items as walls, ceilings, roof, structural members, and other similar items. The report must be completed by a chartered structural/geotechnical engineer.  A copy of the dilapidation report must be submitted to Council.

3.         In the event access to adjoining allotments for the completion of a dilapidation survey is denied, the applicant must demonstrate in writing that all reasonable steps have been taken to advise the adjoining allotment owners of the benefit of this survey and details of failure to gain consent for access to the satisfaction of the Principle Certifying Authority.

Note: This documentation is for record keeping purposes only and can be made available to an applicant or affected property owner should it be requested to resolve any dispute over damage to adjoining properties arising from works. It is in the applicant’s and adjoining owner’s interest for it to be as detailed as possible.

Reason: To record the condition of adjoining properties and public land to resolve any dispute over damage from works.

12.     Internal Driveway/Vehicular Areas

The driveway and parking areas on site must be designed and a Construction Certificate issued in accordance with Australian Standards AS2890.1, AS2890.2, AS3727 and the following requirements:

1.         The driveway must be constructed prior to the construction of the dwelling house to ensure safe access to the site, including the provision of safety rails.

2.         Generally, in accordance with Drawing No. 24 Chan-CW-1 and 24 Chan-CW-2 Revision B dated 08.10.2023 by Allied Consultants Pty Ltd.

3.         The driveway be a rigid pavement.

4.         Retaining walls required to support the carriageway and the compaction of all fill batters to be in accordance with the requirements of a chartered structural engineer.

5.         The provision of safety rails where there is a level difference more than 0.3 metres and a 1:4 batter cannot be achieved.

6.         Longitudinal sections along both sides of the access driveway shall be submitted to the principal certifying authority in accordance with the relevant sections of AS 2890.1.  The maximum grade shall not exceed 1 in 4 (25%) with the maximum changes of grade of 1 in 8 (12.5%) for summit grades and 1 in 6.7 (15%) for sag grades.  Any transition grades shall have a minimum length of 2 metres. 

Reason: To provide safe vehicle and pedestrian access.

13.       Stormwater Drainage

The stormwater drainage system for the development must be designed for an average recurrence interval (ARI) of 20 years and be gravity drained in accordance with the following requirements:

1.         Roof water must be connected to a rainwater tank in accordance with the approved BASIX Certificate requirements. 

The overflow from the rainwater tank and collected surface water must be disposed of in accordance with AUS-SPEC Specifications

(www.hornsby.nsw.gov.au/property/build/aus-spec-terms-and-conditions) and the following requirements:

a.         Generally, in accordance with 24 Chan-Hyd-1 Revision C dated 03.08.2023 by Allied Consultants Pty Ltd.

b.         The trench must be located a minimum of 5 metres from any downstream properties and 1 metre from the side boundaries.

c.         The trench or trenches must be laid on contour.

d.         Overland flow from the trench must be spread evenly over the site so as not to discharge water in a concentrated manner onto adjoining land.

e.         The stormwater drainage system must be designed by a qualified hydraulic engineer.

Reason: To ensure appropriate provision for management and disposal of stormwater.

14.       Construction Management Plan (CMP)

A Construction Management Plan (CMP) must be prepared by a suitably qualified consultant in consultation with a qualified traffic engineer and submitted to Council for review.

The CMP assists with the protection of the public, the environment, and Council’s assets during all stages of construction works and must include the following:

1.         Description of the works

a.         A general description of the scope of works.

b.         Details of the extent of earthworks including quantities of excavated and imported material to be transported to and from the site.

c.         Details of any staging of works.

2.         Construction traffic and management

a.         The anticipated number and frequency of truck movements per day over the duration of the project (i.e., throughout demolition, earthworks, and construction phases) for fill importation and exportation. The number of trucks should correlate to the volume of fill material to be imported to/exported from the site.

b.         The vehicle traffic routes to and from the site, including any queuing locations. The vehicle routes should be identified on a plan attached to the PCMP.

c.         Size and types of construction vehicles to be used for importation and exportation of fill throughout the stages of works.

d.         Access and egress into the site, including any limitation on access for certain types of vehicles (determined via swept path analysis) due to site constraints.

e.         Any required road closures/openings, work zones, crane permits, road occupancy licences and traffic control.

f.          Management measures to be implemented to minimise disruption to, and maintain the safety, of all road users.

3.         Pedestrian management

a.         Potential impacts on pedestrian movements. This includes consideration of locations or times where footpaths are heavily trafficked (e.g., school arrival and departure; commuter peaks).

b.         Management measures to be implemented to minimise disruptions to pedestrians and maintain safety.

4.         Car parking

a.         Impacts on on-street parking (e.g., use of work zones, construction access implications).

b.         Details of construction worker parking. Where limited car parking is available on site or nearby, details of alternative transport arrangements must be provided.

5.         Tree management and protection

a.         Trees to be removed and retained on site consistent with other lodged Plans, including tree protection measures.

6.         Stormwater Management

a.         Details of stormwater management and disposal during excavation and construction, consistent with other lodged Plans.

b.         Identification of existing watercourses.

c.         Sediment and erosion control measures.

7.         Noise and Vibration

a.         Expected sources of noise and vibration during demolition, earthworks, and construction at sensitive receiver locations.

b.         Duration of works that are expected to emit higher than average levels of noise and vibration (e.g., rock breaking and rock sawing).

c.         Details of mitigation measures to minimise noise and vibration impacts.

8.         Waste Management

a.         Detail the reuse, recycling and disposal methods for all demolition and construction waste on site.

9.         Site plan

a.         A site plan which identifies the following information at each stage of the development:

i.          Existing and proposed buildings.

ii.          Site boundaries.

iii.         Extent of proposed earthworks (i.e., excavation and fill importation locations, and cut and fill locations).

iv.         Existing trees and vegetation to be removed and retained and tree protection measures (consistent with TPP if required to be submitted as part of the Development Application).

v.         Vehicle access and egress.

vi.         On-site vehicle parking areas.

vii.        Proposed hard-stand areas for loading and unloading materials, including the location of cranes and concrete pumps.

viii.       Location of material storage on-site, stockpiles, site sheds, hoardings, waste storage.

ix.         Location of sediment control measures (consistent with Erosion and Sediment Control plans submitted as part of the Development Application).

x.         Potential Work Zone locations.

10.       An Erosion and Sediment Control Plan (ESCP) that describes all erosion and sediment controls to be implemented in accordance with the publication Managing Urban Stormwater: Soils & Construction (4^th Edition), which includes:

a.         A site survey which identifies contours and approximate grades and the direction(s) of fall.

b.         Locality of site and allotment boundaries.

c.         Location of adjoining road(s) and all impervious surfaces.

d.         Location and type of proposed erosion and sediment control measures.

e.         Location of site access and stabilisation of site access.

f.          Provision for the diversion of run off around disturbed areas.

g.         Location of material stockpiles.

h.         Proposed site rehabilitation and landscaping; staging of construction works.

i.          Maintenance program for erosion and sediment control measures.

j.          Provide a plan of how all construction works will be managed in a wet-weather events (i.e., storage of equipment, stabilisation of the Site).

11.       The CMP must detail all responsible parties ensuring compliance with the document and include the contact information for developers, builder, private certifier, and any emergency details during and outside work hours.

Note:  The CMP must be lodged via Council’s Online Services Portal at: https://hornsbyprd-pwy-epw.cloud.infor.com/ePathway/Production/Web/Default.aspx and by selecting the following menu options: Applications > New Applications > Under ‘Application Types’: Management Plans.

Reason: To document construction measures to protect the public and the surrounding environment.

15.       Integrated Bushfire and Vegetation Management Plan

An Integrated Bushfire and Vegetation Management Plan (IBVMP) for the proposed dwelling must be prepared by a suitably qualified consultant and submitted to Council’s Natural Resources Team (naturalresourcesplanning@hornsby.nsw.gov.au) for review and written approval  prior to issue of the Construction Certificate.

1.         The IBVMP shall address the following:

a.         Provision of a map that identifies the location of the Asset Protection Zone (APZ) in accordance with the Bushfire Assessment Report Ref: 79BA-2697, prepared by Sydney Bushfire Consultants dated 22 November 2022.

b.         Establishment and ongoing management of the APZ.

c.         Vegetation management.

2.         The IBVMP shall address the APZ requirements including:

a.         Permanent marking of the APZ to delineate areas for ongoing management actions.

b.         Methodology for establishing and maintaining vegetation within the APZ.

c.         Prioritise removal of weed species and retention of native species.

d.         Retention of native vegetation in clumps where possible as described in the NSW RFS publications Planning for Bushfire Protection and Standards for asset protection zones.

e.         Use of hand tools around trees and vegetation to be retained.

3.         The IBVMP shall address any offset and vegetation management requirements including:

a.         Provide a schedule of works and general specification that demonstrates compliance with the ongoing management requirements of the APZ and retained vegetation outside of the APZ, including:

i.          Desired outcomes of the vegetation management works (i.e., no. of plants, plant density, weed coverage, success rate).

ii.          The timing of landscape and vegetation management works.

iii.         Protocols for planting, establishment, maintenance and replacement.

iv.         Species, numbers, pot size and height of plants to be used.

v.         Plant stock shall be sourced from a native nursery utilising Sydney basin stock.

vi.         Ongoing weed management.

4.         The IBVMP shall be implemented from the date of the Occupation Certificate and will be in place for 3 years from that date.

Reason: The development of a consolidated IBVMP will provide the developer and current and future landowners with a single document describing the required vegetation management actions across the site.

16.       Appointment of a Project Arborist

1.         To ensure the trees that must be retained are protected, a project arborist with AQF Level 5 qualifications must be appointed to assist in ensuring compliance with the conditions of consent and provide monitoring reports as specified by the conditions of consent.

2.         Details of the appointed project arborist must be submitted to Council and the Principal Certifier with the application for the construction certificate.

Reason: To ensure appropriate monitoring of trees to be retained.

17.       Erection of Construction Sign

1.         A sign must be erected in a prominent position on any site on which any approved work is being carried out:

a.         Showing the name, address, and telephone number of the principal certifying authority for the work.

b.         Showing the name of the principal contractor (if any) for any demolition or building work and a telephone number on which that person may be contacted outside working hours.

c.         Stating that unauthorised entry to the work site is prohibited.

2.         The sign is to be maintained while the approved work is being carried out and must be removed when the work has been completed.

Reason: Prescribed condition EP&A Regulation, section 70(2) and (3).

18.       Protection of Adjoining Areas

A temporary hoarding, fence or awning must be erected between the work site and adjoining lands before the works begin and must be kept in place until after the completion of the works if the works:

1.         Could cause a danger, obstruction, or inconvenience to pedestrian or vehicular traffic.

2.         Could cause damage to adjoining lands by falling objects; and/or

3.         Involve the enclosure of a public place or part of a public place; and/or

4.         Have been identified as requiring a temporary hoarding, fence, or awning within the Council approved Construction Management Plan (CMP).

Note:  Notwithstanding the above, Council’s separate written approval is required prior to the erection of any structure or other obstruction on public land.

Reason: To ensure public safety and protection of adjoining land.

19.       Toilet Facilities

1.         To provide a safe and hygienic workplace, toilet facilities must be available or be installed at the works site before works begin and must be maintained until the works are completed at a ratio of one toilet for every 20 persons employed at the site.

2.         Each toilet must:

a.         Be a standard flushing toilet connected to a public sewer; or

b.         Be a temporary chemical closet approved under the Local Government Act 1993.

Reason: To ensure adequate toilet facilities are provided.

20.       Erosion and Sediment Control

To protect the water quality of the downstream environment, erosion and sediment control measures must be provided and maintained throughout the construction period in accordance with the manual ‘Urban Stormwater: Soils and Construction “The Blue Book” 2004 (4th edition), the approved plans, Council specifications and to the satisfaction of the principal certifying authority.  The erosion and sediment control devices must remain in place until the site has been stabilised and revegetated.

Note:  On the spot penalties may be issued for any non-compliance with this requirement without any further notification or warning.

Reason: To minimise impacts on the water quality of the downstream environment.

21.       Asset Protection Zone (APZ) - Marking of Boundary

The boundary of the asset protection zone (APZ) as defined in Appendix 1 of the Bushfire Assessment Report Ref: 79BA-2697, prepared by Sydney Bushfire Consultants dated 22 November 2022 must be permanently marked before the works begin and must be kept in place in perpetuity as follows:

1.         The boundaries of the APZ must be surveyed and marked on the ground by a registered surveyor.

2.         Sufficient markers (a minimum of two) must be placed along the boundary of the APZ to clearly delineate the extent of the asset protection zone.

3.         The markers must be a tubular metal post (or the like) standing a minimum of 400mm above ground.

4.         The markers must include a notation stating: End of Asset Protection Zone. The notation may be in the form of an attached sign or sticker with lettering of a contrasting colour to the post colour.

5.         Photographic and/or written evidence must be submitted to the Principal Certifier and Council confirming compliance with this condition.

Reason: To provide certainty for the developer, current and future landowners, Council and contractors, during and after construction, as to the boundaries of the asset protection zone and those areas associated with different management requirements.

22.       Biodiversity Offset Scheme

1.         Ecosystem credit retirement conditions:

a.         Prior to issue of Construction Certificate, the class and number of ecosystem credits in Table 1 must be retired to offset the residual biodiversity impacts of the development.

b.         The requirement to retire credits in the above condition may be satisfied by payment to the Biodiversity Conservation Fund of an amount equivalent to the class and number of ecosystem credits, as calculated by the Biodiversity Offsets Payment Calculator.

c.         Evidence of the retirement of credits or payment to the Biodiversity Conservation Fund in satisfaction of Table 1 must be provided to the consent authority and principal certifier prior to issue of a Construction Certificate.

Table 1 - Ecosystem credits - like for like

Impacted PCT	No. of ecosystem credits	IBRA sub-region	PCTs that can be used for offsetting
PCT 3621 Sydney Hinterland- Turpentine Apple Gully Forest	1	Pittwater, Cumberland, Sydney Cataract, Wyong and Yengo. or Any IBRA subregion that is within 100km of the outer edge of the impacted site.	Sydney Hinterland Dry Sclerophyll Forests This includes PCT's: 612, 621, 624, 1614, 1631, 1666, 1667, 3599, 3600, 3601, 3602, 3603, 3604, 3605, 3606, 3607, 3608, 3609, 3610, 3611, 3612, 3613, 3614, 3615, 3616, 3617, 3618, 3619, 3620, 3621, 3622, 3623, 3625, 3626, 3627

 

2.         Species credit retirement conditions:

a.         Prior to issue of Construction Certificate, the class and number of species credits in Table 2 must be retired to offset the residual biodiversity impacts of the development.

b.         The requirement to retire credits in the above condition may be satisfied by payment to the Biodiversity Conservation Fund of an amount equivalent to the class and number of species credits, as calculated by the Biodiversity Offsets Payment Calculator.

c.         Evidence of the retirement of credits or payment to the Biodiversity Conservation Fund in satisfaction of Table 2 must be provided to the consent authority and principal certifier prior to issue of a construction certificate.

Table 2 - Species credits - like for like

Impacted species credit species	No. of species credits	IBRA sub-region
Asterolasia elegans / Asterolasia elegans	2	Anywhere in NSW
Chalinolobus dwyeri / Large-eared Pied Bat	2	Anywhere in NSW
Lathamus discolor / Swift Parrot	2	Anywhere in NSW
Rhizanthella slateri / Eastern Australian Underground Orchid	2	Anywhere in NSW
Vespadelus troughtoni / Eastern Cave Bat	2	Anywhere in NSW

 

3.         Variation: Ecosystem credit retirement conditions:

a.         Prior to issue of Construction Certificate, the class and number of species credits in Table 4 must be retired to offset the residual ecosystem impacts of development.

b.         Evidence of the retirement of credits in satisfaction of Table 4 is to be provided to the consent authority and principal certifier prior to issue of a Construction Certificate.

Table 4 - Ecosystem credits - variation rules

Impacted PCT	No. of ecosystem credits	IBRA sub-region	Approved variation PCT(s) that can be used for offsetting
PCT 3621 Sydney Hinterland- Turpentine Apple Gully Forest	1 (HBT) Tier 4 or higher threat status	IBRA Region: Sydney Basin, or Any IBRA subregion that is within 100km of the outer edge of the impacted site.	Dry Sclerophyll Forests (Shrubby sub-formation)

 

Reason: To meet requirements of the Biodiversity Offset Scheme

23.       Impacts to Fauna Habitat

To ensure the protection of local fauna, prior to the removal of trees:

1.         An arborist, ecologist or wildlife carer is to inspect all vegetation for wildlife and active habitat use including nests, hollows and decorticating bark no earlier than one day before demolition.

2.         If any wildlife is identified or habitat is being actively used for nesting the tree and vegetation removal must be deferred until after inhabitants have fledged. Relocation of nests and eggs is not to be undertaken. In the event wildlife are identified, clearing is to cease until the ecologist or wildlife carer have confirmed that fauna has been relocated.

3.         Trees are to be removed in sections by a qualified tree surgeon in the presence of a Wildlife Carers organisation to assist in the event of fauna presence or injury. A wildlife carer must be on site to capture any observed wildlife from the trees and relocate into adjacent bushland if the animals are unable to relocate themselves.

4.         A certificate must be provided to the Principal Certifier by a suitably qualified ecologist or wildlife carer with details and outcome of the inspection.

Note: ‘WIRES’ (Wildlife Rescue) volunteers can be contacted on 1300 094 737.  ‘Wildlife Services Sydney Metropolitan’ volunteers can be contacted on 9413 4300.

Reason: To ensure the protection of local fauna.

24.       Installation of Tree Protection Measures

1.         Trees to be retained as identified on the Tree Location Plan prepared by Seasoned Tree Consultancy dated 6/6/2023 must have tree protection measures for the ground, trunk and canopy installed by the project arborist as follows:

2.         For the duration of construction works, in accordance with Tree Protection Plan prepared by Seasoned Tree Consultancy dated 6/6/2023.

3.         Tree protection fencing for the trees to be retained must be installed by the engaged AQF 5 project arborist and consist of 1.8m high temporary fencing panels installed in accordance with Australian Standard AS4687-2007 Temporary fencing and hoardings.

4.         The installation of all required tree protection fencing must include shade cloth attached to the fencing to reduce transport of dust, particulates and liquids from entering the tree protection zone.

Reason: To protect trees during construction.

25.       Garbage Receptacle

A garbage receptacle must be provided at the work site before works begin and must be maintained until all works are completed.

1.         The garbage receptacle must have a tight fitting lid and be suitable for the reception of food scraps and papers.

2.         The receptacle lid must be kept closed at all times, other than when garbage is being deposited.

3.         Food scraps must be placed in the garbage receptacle and not in demolition and construction waste bins.

Reason: To maintain the site in a clean condition and protect local amenity.

26.       Access

It is necessary to ensure access and services to Lots 303 and 305 DP 778653 are maintained at all times during construction, unless prior arrangement is made to the satisfaction of the owners of Lots 1 and 3 DP 1016685 at Nos. 22 and 26 Chandler Avenue, Cowan.

Reason: To maintain access for neighbours who benefit from the right of carriageway.

27.       Construction Work Hours

1.         All works on site, including demolition and earth works, must only occur between 7am and 5pm Monday to Saturday.

2.         No work is to be undertaken on Sundays or public holidays.

Reason: To protect the amenity of neighbouring properties.

28.       Environmental Management (Air Pollution)

The Applicant must take all reasonable steps to minimise dust generated during all works authorised by this consent.  During construction, the Applicant must ensure that:

1.         Exposed surfaces and stockpiles are suppressed by regular watering.

2.         All trucks entering or leaving the site with loads have their loads covered.

3.         Trucks associated with the development do not track dirt onto the public road network.

4.         Public roads used by these trucks are kept clean; and

5.         Land stabilisation works are carried out progressively on site to minimise exposed surfaces.

Reason: To minimise impacts to the natural environment and public health.

29.       Street Sweeping

1.         During works and until exposed ground surfaces across the site have been stabilised, street sweeping must be undertaken following sediment tracking from the site.

2.         The street cleaning service must utilise a ‘scrub and dry’ method and be undertaken for the full extent of any sediment tracking.

Reason: To minimise impacts to the natural environment.

30.       Council Property

To ensure that the public reserve is kept in a clean, tidy, and safe condition during construction works, no building materials, waste, machinery, or related matter is to be stored on the road or footpath. 

Note:  This consent does not give right of access to the site via Council’s park or reserve.  Should such access be required, separate written approval is to be obtained from Council. 

Reason: To protect public land.

31.       Disturbance of Existing Site

During construction works, the existing ground levels of open space areas and natural landscape features, including natural rock-outcrops, vegetation, soil, and watercourses must not be altered unless otherwise nominated on the approved plans.

Reason: To protect the natural features of the site.

32.       Soil Management (Excavation and Fill)

While site work is being carried out, the Principal Certifier or Council (where a principal certifier is not required) must be satisfied all soil removed from or imported to the site is managed in accordance with the following requirements:

1.         All excavated material removed from the site must be classified in accordance with the EPA’s Waste Classification Guidelines before it is disposed of at an approved waste management facility and the classification, and the volume of material removed must be reported to the Principal Certifier or Council (where a principal certifier is not required). 

2.         Tipping dockets for the total volume of excavated material that are received from the licensed waste management facility must be provided to the principal certifying authority prior to the issue of an Occupation Certificate.

3.         Prior to fill material being imported to the site, a Waste Classification Certificate shall be obtained from a suitably qualified environmental consultant confirming all fill material imported to the site must be:

a.         Virgin Excavated Natural Material as defined in Schedule 1 of the Protection of the Environment Operations Act 1997, or

b.         A material identified as being subject to a resource recovery exemption by the NSW EPA, or

c.         A combination of Virgin Excavated Natural Material as defined in Schedule 1 of the Protection of the Environment Operations Act 1997 and a material identified as being subject to a resource recovery exemption by the NSW EPA.

4.         The required Waste Classification Certificate must be provided to the Principal Contractor prior to fill being imported to the site and made available to Council at its request.

Reason: To ensure soil removed from the site is appropriately disposed of and soil imported to the site is not contaminated and is safe for future occupants.

33.       Survey Report

A report(s) must be prepared by a registered surveyor and submitted to the principal certifying authority:

1.         Prior to the pouring of concrete at each level of the building certifying that:

2.         The building, retaining walls and the like have been correctly positioned on the site; and

3.         The finished floor level(s) are in accordance with the approved plans.

Reason: To ensure buildings are positioned in the approved location and at the correct height.

34.       Waste Management

All work must be carried out in accordance with the approved waste management plan.

Reason: To ensure the management of waste to protect the environment and local amenity during construction.

35.       Compliance with Construction Management Plan

The Council approved Construction Management Plan must be complied with for the duration of works, unless otherwise approved by Council.

Reason: To ensure implementation of construction measures to protect the public and the surrounding environment.

36.       Prohibited Actions within the Fenced Tree Protection Zone

The following activities are prohibited within the approved fenced tree protection zones unless otherwise approved by Council:

1.         Soil cutting or filling, including excavation and trenching

2.         Soil cultivation, disturbance, or compaction

3.         Stockpiling storage or mixing of materials

4.         The parking, storing, washing, and repairing of tools, equipment, and machinery

5.         The disposal of liquids and refuelling

6.         The disposal of building materials

7.         The siting of offices or sheds

8.         Any action leading to the impact on tree health or structure

Reason: To protect trees during construction.

37.       Maintaining the Health of Trees Approved for Retention

The appointed project arborist must monitor and record any and all necessary actions required to maintain tree health and condition for trees numbered 1, 2, 3, 4 ,5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26 ,27, 28, 29, 30, 31, 32, 59, 60, 61, 64, 66, 67, 68, 69, 70, 71 on the approved plans.

Reason: To ensure appropriate monitoring of trees to be retained.

38.       Approved Works within Tree Protection Zone incursions

1.         Where tree root pruning is required for the installation of piers, driveway or underground services, the pruning must be overseen by the AQF 5 project arborist and must be undertaken as follows:

a.         Using sharp secateurs, pruners, handsaws or chainsaws with the final cut being clean.

b.         The maximum diameter of roots permitted to be cut is 40mm.

2.         The new driveway must be constructed using the following process:

a.         To minimise soil compaction the proposed driveway must be built on or above grade using sensitive construction techniques.

3.         Approved excavations within the Tree Protection Zone of trees to be retained not associated with installation of services must be undertaken as follows:

a.         Excavations for the construction and/or installation of the house/deck/driveway/piers in the Tree Protection Zone of trees to be retained on the approved plans must be supervised by the project arborist for the first 500mm undertaken manually to locate roots and allow for pruning.

4.         To minimise impacts within the Tree Protection Zone (TPZ) of trees to be retained on the approved plans, the installation of services must be undertaken as follows:

a.         The AQF 5 project arborist must be present to oversee the installation of any underground services which enter or transect the tree protection.

b.         The installation of any underground services which either enter or transect the designated TPZ must be undertaken manually. 

c.         For manually excavated trenches the AQF 5 project arborist must designate roots to be retained.  Manual excavation may include the use of pneumatic and hydraulic tools.

5.         Where scaffolding is required, ground protection must be installed beneath the scaffolding in the following order:

a.         Installation of a 100mm deep layer of woodchip

Reason: To protect trees during construction.

39.       Building Materials and Site Waste

The stockpiling of building materials, the parking of vehicles or plant, the disposal of cement slurry, wastewater or other contaminants must be located outside the tree protection zones as prescribed in the conditions of this consent of any tree to be retained.

Reason: To protect trees during construction.

40.       Unexpected Finds

Should the presence of asbestos or soil contamination, not recognised during the application process be identified during any stage of works, the applicant must immediately notify the Principal Certifier and Council.

Reason: To ensure the appropriate removal and disposal of contaminated materials.

41.       De-watering of Excavated Sites

Water that accumulates within an excavation must be removed and disposed of in a manner that does not result in the pollution of waters, nuisance to neighbouring properties, or damage to neighbouring land and/or property.

Reason: To document the safe removal of water during work to protect the public and the surrounding environment.

42.       Fulfilment of BASIX Commitments

The applicant must demonstrate the fulfilment of BASIX commitments pertaining to the development.

Reason: Prescribed condition under section 75. EP&A Regulation.

43.       Final Certification

The AQF 5 Project arborist must submit to the Principal Certifier a certificate that includes the following:

1.         All tree protection requirements complied with the as approved tree protection plan for the duration of demolition and/or construction works.

2.         All completed works relating to tree protection and maintenance have been carried out in compliance with the conditions of consent and approved plans.

3.         Dates, times, and reasons for all site attendance.

4.         All works undertaken to maintain the health of retained trees.

5.         Details of tree protection zone maintenance for the duration of works.

Note: Copies of monitoring documentation may be requested throughout the development works.

Reason: To ensure compliance with tree protection commitments.

44.       Damage to Council Assets

To protect public property and infrastructure, any damage caused to Council’s assets as a result of the construction or demolition of the development must be rectified by the applicant in accordance with AUS-SPEC Specifications

(www.hornsby.nsw.gov.au/property/build/aus-spec-terms-and-conditions). Rectification works must be undertaken prior to the issue of an Occupation Certificate, or sooner, as directed by Council.

Reason: To ensure public infrastructure and property is maintained.

45.       Retaining Walls

All retaining walls must be constructed as part of the development and prior to the issue of an Occupation Certificate.

Reason: To ensure the stability of the site and adjoining land.

46.       Submission of Excavated Material Tipping Dockets to Principal Certifier

Tipping dockets for the total volume of excavated material that are received from the licensed waste facility must be provided to the Principal Certifier prior to the issue of an Occupation Certificate.

Reason: To confirm appropriate disposal of excavated material.

47.        Certification of RFS Requirements

A Certificate prepared by a BPAD accredited Bushfire Consultant is to be provided to the Principal Certifier certifying the completion of all works required by the NSW RFS conditions of concurrence prior to the issue of the Occupation Certificate.

Reason: To ensure all bushfire protection measures are implemented to protect life and property.

48.       Construction of Engineering Works

All engineering works identified in this consent are to be completed and a Compliance Certificate issued prior to the release of the Occupation Certificate.

Reason: To ensure engineering works are completed.

49.       Integrated Bushfire Vegetation Management Plan Implementation

The appointed project ecologist must provide to the Principal Certifier and Council certification that the Integrated Bushfire Vegetation Management Plan, required under condition No. 15 has been implemented.

Reason: To ensure implementation and compliance with the Integrated Bushfire Vegetation Management Plan.

50.       Use of Premises

The development approved under this consent shall be used for a dwelling house and not for any other purpose without Council’s separate written consent.

Reason: To ensure the use is undertaken with the terms of this consent.

51.       Ongoing Bushfire Management

Any requirements relating to bushfire protection must be maintained in perpetuity and landscaping works must be consistent with the Integrated Bushfire Vegetation Management Plan specified in condition No. 15 of this consent.

Reason: To ensure bushfire protection measures are maintained to protect life and property.

- END OF CONDITIONS -

 

LPP Report No. LPP38/23

Local Planning Panel

Date of Meeting: 25/10/2023

 

 

EXECUTIVE SUMMARY

·            In accordance with the Local Planning Panels Directions - Operational Procedures, Council is required to monitor development applications to be determined by the Panel that may be experiencing unreasonable delays of over 180 days from lodgement.

·            A list of out outstanding development applications in excess of 180 calendar days from lodgement is attached for the Hornsby Local Planning Panel’s advice.

 

RECOMMENDATION THAT the contents of LPP Report No. LPP38/23 be received and noted.

 

 

 

PURPOSE

The purpose of this report is to advise the Hornsby Local Planning Panel of development applications required to be determined by the Panel that are over 180 calendar days from lodgement.

DISCUSSION

In 2019 the NSW Productivity Commission conducted a review of the Independent Planning Commission (IPC). The review recommended several actions to streamline processes to optimise efficiency, output and performance.

The planning panel changes were implemented on 1 August 2020 to incorporate a number of the NSW Productivity Commission ‘s recommendations to the way Local Planning Panels work to make them more efficient and to improve the assessment and determination times of development applications and maintain panel oversight of sensitive and contentious applications.

These changes were made as part of the Planning Acceleration Program to support the State’s immediate and long-term economic recovery from the COVID-19 crisis.

The changes will speed up panel determinations by: 

1.         Reducing the need to conduct public panel meetings for non-contentious matters by applying a ‘10-or-more’ objection trigger for public meetings.

2.         Reducing the amount of modifications going to panels.

3.         Obliging panel chairs to more actively manage development applications (DAs) coming to the panels to reduce panel deferrals and assessment timeframes.

4.         Allowing chairs to bring forward determination on DAs that are experiencing unreasonable delays of over 180 days from lodgement.

5.         Introducing panel performance measures.

The Local Planning Panels Directions - Operational Procedures has been amended to:

·            Require panels to make determinations within two weeks of being provided an assessment report.

·            Require panels to hold a public meeting only where the Development Application has attracted 10 or more unique submissions by way of objection.

·            Allow, at the Chair’s discretion, applicants to attend a briefing, along with council staff, to explain complex matters or present confidential or commercially sensitive material.

·            Oblige panel chairs to work with council to ensure key issues are addressed during assessment in order to minimise deferrals by the panels at determination stage.

·            Require the panels to provide reasons for deferring a decision and set timeframes in which any additional information must be provided in order to finalise the determination.

·            Give panel chairs the ability to require council to report a DA to the panel within four weeks for determination if the application has experienced unreasonable delays in excess of 180 calendar days from lodgement.

In accordance with Point 6 of the Local Planning Panels Directions - Operational Procedures, attached is a list of development applications required to be determined by the Panel that are over 180 calendar days from lodgement.

CONCLUSION

Council is required to monitor development applications to be determined by the Panel that are over 180 calendar days from lodgement.  This report provides advice to the Local Planning Panel on DAs that are experiencing unreasonable delays of over 180 days from lodgement.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this report is the Major Development Manager, Cassandra Williams.

 

 

James Farrington Director - Planning and Compliance Planning and Compliance Division

 

 

 

 

Attachments:

1. Status All LPP DA over 180 days - October 2023

 

 

File Reference:          F2013/00295-004

Document Number:    D08742741